Federal Interstate Threats and Ransom Demands in Miami

These cases are built on messages: calls, texts, emails, social-media posts. What the words meant, who sent them, and why are usually where the case is decided.

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.

Ransom Demand for a Kidnapped Person (§ 875(a); Pattern Instr. O30.1)

What the Government must prove (Elements):

1. The defendant knowingly sent, in interstate or foreign commerce, a demand or request for a ransom or reward for a kidnapped person's release.
2. The defendant did so with the intent to extort money or some other thing of value.

The Government does not have to prove the defendant took part in the kidnapping or actually got anything. "Intent to extort" means the purpose of getting money or something of value from someone who consents because of the wrongful use of actual or threatened force or violence. A "thing of value" can be tangible or not.

Penalty: up to 20 years and a fine.

Extortionate Threat to Kidnap or Injure (§ 875(b); Pattern Instr. O30.2)

What the Government must prove (Elements):

1. The defendant knowingly sent a message in interstate or foreign commerce containing a true threat to kidnap any person or to injure the person of another.
2. The defendant did so with the intent to extort money or something else of value.

A "true threat" is a serious threat, not idle talk, a careless remark, or something said jokingly, made under circumstances that would place a reasonable person in fear of being kidnapped or injured (or of another person being kidnapped or injured). The Government does not have to prove the defendant intended to carry out the threat or got anything of value. The instruction's notes say the defendant's own mental state must also be considered, not only how a reasonable person would read the message.

Penalty: up to 20 years and a fine.

The Other Two Subsections

• § 875(c): a threat to kidnap or injure, sent across state lines, without an intent to extort: up to 5 years (Elements O30.3).
• § 875(d): a threat to injure property or reputation, or to accuse someone of a crime, sent across state lines with intent to extort: up to 2 years (Elements O30.4). See also Extortion & Bribery.

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

Defense Themes

• Was it a true threat? Context matters: jokes, song lyrics, venting, and exaggeration are not the same as a serious threat.
• Mental state. The defendant's own state of mind is part of the analysis, not just how a stranger would read the words.
• Intent to extort. For (a) and (b), the Government must prove the purpose of getting money or something of value. Without it, subsections (a) and (b) do not apply.
• Interstate element. The message must have crossed state lines or left the country, as charged.
• Who sent it. Accounts can be shared, spoofed, or hacked. Attribution is tested.
• First Amendment. Speech is generally protected; a true threat is not.

What to Do First

1. Do not delete accounts or messages. That can create new problems. Do not send anything else to the person.
2. Do not talk to agents about what you meant without a lawyer.
3. Call us. See Turning Yourself In if you learn of a warrant.

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

Do I have to mean it for it to be a crime?

The Government does not have to prove you intended to carry out the threat. But it must prove a true threat, and your own mental state is considered.

Is this the same as Florida's threat law?

No. Florida has its own written-threats law. See Written & Electronic Threats.