10th Cir. Crim. Pattern Jury Instr. 2.37.1

COMMUNICATION 18 U.S.C. § 875(c)

The defendant is charged in count ————— with a violation

of 18 U.S.C. section 875(c).

This law makes it a crime to transmit in interstate or foreign

commerce a threatening communication to kidnap or injure

another person.

T o fi n d t h e d e f e n d a n t g u i l t y o f t h i s c r i m e y o u m u s t b e

convinced that the government has proved each of the following

beyond a reasonable doubt:

First: the defendant knowingly transmitted a communication

containing a threat to [kidnap any person] [injure the person of

another];

Second: the defendant transmitted the communication with

the intent to make a threat, or with knowledge that the

communication will be viewed as a threat;

Third: the communication was transmitted in interstate or

foreign commerce.

A “threat” is a serious statement expressing intent to instill

fear, which, under the circumstances, would cause apprehension

in a reasonable person, as distinguished from mere political

argument, idle talk, exaggeration, or something said in a joking

manner. It is not necessary that the defendant intended to carry

out the threat, nor is it necessary that the defendant had the

ability to carry out the threat.