5th Cir. Pattern Jury Instr. (Criminal) 2.38

18 U.S.C. § 871

Title 18, United States Code, Section 871, makes it a crime for anyone to knowingly and

willfully make a threat to injure, kill, or kidnap the President [Vice President] [President -elect]

[Vice President-elect] [any other officer next in the order of succession to the office] of the United

States.

For you to find the defendant guilty of this crime, you must be convinced that the

government has proved each of the following beyond a reasonable doubt:

First: That the defendant mailed [wrote] [said] the words alleged to be the threat against

the President [Vice President] [President -elect] [Vice President -elect] [any other officer next in

the order of succession to the office] as charged in the indictment;

Second: That the defendant understood and meant the words mailed [written] [said] as a

threat; and

Third: That the defendant mailed [wrote] [said] the words knowingly and willfully, that is,

intending them to be taken seriously.

A “threat” is a serious statement expressing an intention to kill, kidnap, or injure the

President [Vice President] [President -elect] [Vice President -elect] [any other officer next in the

order of succession to the office], which under the circumstances wo uld cause apprehension in a

reasonable person, as distinguished from words used as mere political argument, idle talk,

exaggeration, or something said in a joking manner.

It is not necessary to prove that the defendant actually intended to carry out the threat.