Mailing Threatening Communications – 18 U.S.C. § 876 Sentencing Guidelines

Thanks for visiting Federal Lawyers, a second-generation firm managed by our lead attorney with over 40 years of combined experience. When federal prosecutors charge mailing threatening communications under 18 U.S.C. § 876, they’re alleging you used the U.S. mail to send threats to injure recipients or their property, to kidnap, or to demand ransom or money. Maximum sentence: **5 years** for threats to injure or kidnap; **20 years** for ransom demands. The statute predates the internet, reflecting an era when physical mail was the primary communication method for threats. While § 875 addresses interstate electronic communications, § 876 remains relevant for old-fashioned threatening letters, packages containing threats, or mail-based extortion schemes.

What § 876 Criminalizes

The statute creates multiple offense pathways:

§ 876(a): Threats to Kidnap

Mailing threats to kidnap any person. Maximum: **5 years**. This covers ransom kidnapping threats sent via mail—”We have your child and demand payment” letters, extortion schemes threatening to abduct family members unless payments are made.

§ 876(b): Threats to Injure Reputation

Mailing threats to accuse recipients of crimes, injure their reputation or property, or otherwise harm them unless recipients pay money or deliver something of value. Maximum: **5 years**. Classic blackmail by mail—”Pay us or we’ll reveal embarrassing information,” “Send money or we’ll destroy your property,” “Deliver the drugs or we’ll report you to police.”

§ 876(c): Threats to Injure Person or Property

Mailing communications threatening to injure recipients, other persons, or property. Maximum: **5 years**. This covers non-extortion threats—hate mail, revenge threats, letters threatening violence without demanding payment.

§ 876(d): Ransom Demands

Mailing ransom demands for kidnapping victims. Maximum: **20 years**. When kidnappings have actually occurred and kidnappers mail ransom demands, this provision applies with significantly enhanced penalties recognizing the serious ongoing crime.

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The “Mailing” Element

Section 876 requires use of U.S. mail or private commercial carriers:

Legal Scenario: What Would You Do?

Scenario

After a bitter dispute with your former landlord over a security deposit, you sent a strongly worded letter through the U.S. mail stating you would 'make them pay' and 'destroy their reputation.' Two weeks later, federal agents arrived at your door with a warrant, charging you under 18 U.S.C. § 876 for mailing threatening communications.

Can I really face federal charges for a letter I wrote out of frustration, and what kind of sentence am I looking at?

Attorney's Answer

Under 18 U.S.C. § 876, even language you considered vague or metaphorical can be prosecuted as a threat if a reasonable person would interpret it as a genuine intent to harm — and conviction carries up to 5 years in federal prison. The sentencing guidelines under USSG §2A6.1 set a base offense level of 12, but enhancements can apply if the threat involved demanding money, if a weapon was referenced, or if the recipient suffered substantial emotional distress. A strong defense often hinges on challenging the 'true threat' doctrine established in Virginia v. Black and recently clarified in Counterman v. Colorado, arguing your words were protected expression rather than actionable threats. We would scrutinize the exact language used, the context of your dispute, and whether prosecutors can prove you subjectively intended the letter as a genuine threat rather than heated rhetoric.

This is general information only. Contact us for advice specific to your situation.

• **U.S. Postal Service** – Letters, packages, certified mail sent through USPS
• **Private carriers** – FedEx, UPS, DHL, or other commercial delivery services
• **Causing to be mailed** – Defendants who give threatening communications to others for mailing, or who indirectly cause mailings, violate § 876 even if they didn’t personally deposit items in mailboxes

The mailing element distinguishes § 876 from § 875 (interstate electronic communications). If threats were emailed, texted, or posted online, § 875 applies. If threats were physically mailed, § 876 applies. Some threats involve both—letters followed by emails, or packages accompanied by online messages—resulting in charges under both statutes.