18 USC 876 covers several offenses involving communications sent or delivered through the U.S. Postal Service, including ransom demands, threats, and specified extortion. The penalty depends on the subsection and sometimes the recipient. It is inaccurate to assign every mailed threat the same sentence. [1]
The statute contains different offenses
Subsection (a) addresses ransom or reward demands for a kidnapped person. Subsection (b) addresses threats to kidnap or injure made with intent to extort money or another thing of value. Those provisions carry maximum imprisonment terms of twenty years.
Subsection (c) addresses specified mailed kidnapping or injury threats and ordinarily carries a five-year maximum, with a higher maximum for specified protected recipients. Subsection (d) addresses certain property, reputation, or accusation threats made with extortion intent and has its own penalty structure. Read the charged subsection before evaluating exposure. [1]
Context and mental state matter
Speech prosecutions must respect the constitutional true-threat boundary. In Counterman, the Supreme Court required a subjective mental-state showing and held recklessness sufficient as a First Amendment minimum. That constitutional floor does not eliminate a particular statute’s or circuit’s more demanding requirements. [2]
Statements should be examined in their full context, including the audience, surrounding communications, and evidence of the sender’s understanding. Calling something a joke after the fact is not automatically a defense; equally, disturbing language alone does not dispense with the required elements.
What evidence deserves attention?
- The original communication and envelope.
- Proof of mailing or Postal Service delivery.
- Identity and authorship evidence.
- The alleged threat, extortion objective, and relevant mental state.
- The recipient’s statutory status where an enhanced provision is alleged.
Do not alter, destroy, or resend disputed materials. A prosecution deadline requires the applicable limitations statute, offense dates, and tolling analysis rather than a general internet countdown.
Compare interstate threats under 18 USC 875(c) when the communication was electronic or otherwise transmitted in commerce. obstruction of the mail concerns different conduct and elements. If a threat appears immediate, contact emergency services; preserve the evidence for investigators without engaging the sender.
Primary sources
Sources checked: October 31, 2026.