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.

The "Mailing" Element

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

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• U.S. Postal Service - Letters, packages, certified mail sent through USPS
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• Private carriers - FedEx, UPS, DHL, or other commercial delivery services
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• 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
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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.