US-CA11 · jury_instructions
11th Cir. Pattern Jury Instr. (Criminal) O30.3
Interstate Transmission of Threat to Kidnap or Injure
18 U.S.C. § 875(c)
It’s a Federal crime to knowingly send in [interstate] [foreign] commerce a
true threat to [kidnap] [injure] any person.
The Defendant can be found guilty of this crime only if the following facts
are proved beyond a reasonable doubt:
(1) the Defendant knowingly sent a message in
[interstate] [foreign] commerce containing a true
threat to [kidnap any person] [injure the person of
another]; and
(2) the Defendant sent the message with the intent to
communicate a true threat or with the knowledge
that it would be viewed as a true threat.
The Government doesn’t have to prove that the Defendant intended to carry
out the threat.
[To transmit something in “interstate commerce” means to send it from a
place in one state to a place in another state.]
[To transmit something in “foreign commerce” means to send it from a place
in the United States to anyplace outside the United States.]
A “true threat” is a serious threat – not idle talk, a careless remark, or
something said jokingly – that is made under circumstances that would place a
reasonable person in fear of [being [kidnapped] [injured]] [another person being
[kidnapped] [injured]].
Provenance
- Source
- ca11.uscourts.gov
- Retrieved
- 2026-08-20
- Edition
- criminal-2025-09
- Content hash
e70496149de8951d8a2d2f4b12536cbd8b9e26b91daee6b158fc61cd4a143675
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