Federal Bomb Threats and Threats Against the President in Miami

Dennis Gonzalez Jr. is a former Miami-Dade prosecutor who has been defending people since 2012, in state and federal court. Our office answers 24 hours a day.

Bomb and Fire Threats (§ 844(e); Pattern Instr. O27)

What the Government must prove (Elements):

1. The defendant made, or caused to be made, a threat to kill, injure, or intimidate any individual, or to unlawfully damage or destroy a building, vehicle, or other property, by means of fire or an explosive.
2. The defendant used, or caused to be used, an instrument of commerce, such as the mail or a telephone, to communicate the threat.
3. The defendant acted knowingly and willfully.

A "threat" here is an expression of intent to do that harm by fire or an explosive, made with the intent that others understand it as a serious threat. The Government does not have to prove the defendant intended to carry it out.

The statute also makes it a crime to maliciously convey false information, knowing it is false, about an attempt to cause that kind of harm by fire or explosive.

Penalty: up to 10 years and a fine.

Threats Against the President (§ 871; Pattern Instr. O29)

What the Government must prove (Elements):

1. The defendant mailed, wrote, or said the words alleged to be the threat against the President.
2. The defendant understood and meant the words as a true threat.
3. The defendant knowingly and willfully mailed, wrote, or said the words.

A "true threat" is a serious threat, not idle talk, a careless remark, or something said jokingly, made under circumstances that would lead a reasonable person to believe the defendant intended to kill, kidnap, or harm the President. The Government does not have to prove the defendant intended to carry it out.

Penalty: up to 5 years and a fine.

Federal judges also consider the advisory U.S. Sentencing Guidelines.

Defense Themes

• Was it a serious threat? Sarcasm, dark humor, political anger, and hyperbole are not the same as a threat meant to be taken seriously.
• The defendant's own state of mind. O27 requires intent that others take it as a serious threat; O29 requires that the defendant understood and meant the words as a true threat.
• Fire or explosive (§ 844(e)). A threat of other kinds of harm is not this crime, though other laws may apply.
• Who made it. Phone records, IP addresses, and account access are tested.
• Mental health. Context and treatment history can matter at every stage, including release and sentencing.
• First Amendment. Political speech, even harsh speech, is generally protected; a true threat is not.

What to Do First

1. If agents come to your door, be polite, and do not explain what you meant. Ask for a lawyer.
2. Do not delete posts or accounts, and do not post about the investigation.
3. Call us right away.

Why Choose Dennis Gonzalez Law, P.A.

• Former Miami-Dade prosecutor.
• Defending people since 2012.
• Super Lawyers recognition and an Avvo Rating of 10.0.
• Bilingual office — se habla español.
• We answer 24 hours a day. Call (305) 209-0384.

Frequently Asked Questions

I was joking. Can I still be charged?

You can be charged, but a joke is not a true threat. The Government must prove the required state of mind beyond a reasonable doubt.

What about a false bomb report under Florida law?

Florida has its own laws on false bomb and shooting reports. See False Bomb & Shooting Reports.

Does § 871 cover threats against other officials?

It covers the President, the President-elect, the Vice President or next officer in line, and the Vice President-elect. Threats against other officials may fall under other laws. See Threatening a Public Official.