Interstate Threats and Threatening Communications: 18 U.S.C. 875(c)

What Federal Law Says

Section 875(c) of Title 18 makes it a crime to transmit in interstate or foreign commerce any communication containing a threat to injure the person of another. Because phone calls, texts, emails, and social media messages usually travel across state lines, even if sender and recipient are in the same state, the interstate element is often met when a communication goes over the internet or phone networks.

Section 875 also covers threats to kidnap and certain extortion-related threats. A conviction under 875(c) can carry up to five years in prison.

State Laws on Threats

Every state has laws against threats, often called criminal threats, terroristic threats, or harassment. State law is usually where threats are first handled, because it's faster and more accessible. Some stalking statutes treat a threat as an element or an aggravating factor. See stalking threats explained.

What Counts as a "True Threat"

Not every angry or offensive statement is a crime. The First Amendment protects a wide range of speech, but it does not protect "true threats," which are serious expressions of intent to commit unlawful violence against a person.

Courts look at factors such as:

• The words themselves, and whether they communicate a serious intent to harm.
• The context, including prior history between the people.
• The audience and delivery, such as a direct message to the person.
• Whether the person has the means or a history of violence.
• The effect on the recipient.

Jokes, hyperbole, and political rhetoric are treated differently from direct, targeted threats.

The Mental State Requirement

In recent years, the Supreme Court has addressed what a prosecutor must prove about the sender's state of mind. In *Elonis v. United States* (2015), the Court held that a conviction under the federal threat statute requires more than a showing that a reasonable person would see the communication as a threat. In *Counterman v. Colorado* (2023), the Court held that, for true threats under the First Amendment, the government must show the speaker had some subjective understanding of the threatening nature of the statements, and that recklessness is enough.

The Sixth Circuit's pattern jury instruction on interstate threats reflects these decisions. You don't need to remember the cases. The practical takeaway is that threat cases are fact-specific, and evidence of what the sender knew and intended matters. A history of prior contact, prior violence, or earlier warnings can help.

Threats and Stalking Together

Threats are often part of a stalking pattern. Federal stalking law considers whether the conduct puts a person in reasonable fear of death or serious bodily injury. Threats can also be separately charged. Read federal stalking laws explained and federal cyberstalking law.

What to Do If You Receive a Threat

1. If you believe you are in immediate danger, call 911.
2. Don't respond or negotiate.
3. Save the threat: take screenshots with the sender's name, number or handle, and the date and time. Save voicemails.
4. Write down the exact words and the circumstances.
5. Report it to police, and ask for a report number. See how to report a stalker to the police.
6. For online threats, report to the platform and file a complaint with the FBI's Internet Crime Complaint Center.
7. Update your safety plan. Build one with the Safety Plan tool.

Preserving Evidence of Threats

Threats are powerful evidence, and they are easy to lose.

• Keep the original messages, not just screenshots.
• Show the full context, including earlier messages.
• Record your own replies, if any, and avoid threatening or provoking language yourself.
• Note when you first received each threat and any changes in tone.
• Keep copies where the sender can't reach them.

Read evidence that holds up in court.

Threats Sent Through Third Parties

Sometimes a threat comes through someone else or in a post that doesn't name you. Document where it appeared and why you believe it is directed at you. If you are unsure, show it to police. See stalking by proxy.

What Happens After You Report

Police may investigate, interview the sender, seek records, and consult prosecutors. Outcomes vary. A report creates a record, supports a protective order, and can lead to charges. Read how stalking cases move through the justice system.

Threats, Harassment, and Intimidation: How They Differ

These terms overlap, but the law treats them differently.

• A threat communicates an intent to harm someone, usually physically. Threats can be crimes on their own.
• Harassment is unwanted, repeated conduct that alarms or annoys. A single message might be harassment without being a threat.
• Intimidation is conduct meant to frighten someone into acting or not acting. It can include threats, but it can also involve gestures, surveillance, or implied harm.

A stalking case may involve all three. See stalking vs. harassment.

Conditional, Veiled, and Implied Threats

Many threats are not blunt. A person might say "You'll regret this," "I know where you park," or "Something could happen to your family." These statements may be threatening in context, even if they don't spell out violence.

• Conditional threats depend on something happening: "If you talk to the police, you'll be sorry."
• Veiled threats use hints, such as photos of your home or comments on your routine.
• Implied threats rely on shared history, such as past violence.

Courts look at context, including past conduct. Document the background as well as the message, and tell police about any history. See stalking threats explained.

Threats in Posts and Messages About You

A threat doesn't have to be sent directly. A person may post about you on social media, mention you in a group, or send a message to a friend. If you believe it is directed at you or intended to reach you, save it, note where it appeared, and report it. Platforms often have rules against threats, and reporting can lead to removal. Our Social Media Reporting Guide explains how.

If Someone Threatens to Harm Themselves

Sometimes a stalker threatens suicide to keep contact. Take it seriously, but don't let it pull you into more contact. If you believe someone is in immediate danger, call 911. You can also share that person's situation with police or mental health responders. The 988 Suicide & Crisis Lifeline is available for people in distress. You are not responsible for another person's actions, and your own safety comes first.

Safety Planning After a Threat

A threat is a reason to update your safety plan, not just to file a report. Think about where the person might find you and how you would respond if they did. Decide who you would call, where you would go, and what you would take. Let your workplace, school, and building management know about the threat so they can respond if the person appears. Review your online accounts and location sharing. If the threat names a specific time, place, or method, give police those details right away. You can generate a printable plan with the Safety Plan tool, and the Risk Assessment can help you gauge how serious the situation may be.

When a Threat Is Followed by Silence

Some people receive a threat and then hear nothing for days or weeks. Silence can feel like relief, and it can also be unsettling. It doesn't mean the danger is gone. Keep your documentation up to date, keep your plan in place, and tell police if contact resumes. Don't reach out to check whether the person has calmed down.

You don't have to decide whether it's a "true threat." You only need to preserve it and report it.

Sources and further reading

• 18 U.S.C. 875 (Interstate communications) - U.S. Code via GovInfo
• 18 U.S.C. 2261A (Stalking) - U.S. Code via GovInfo
• Interstate Stalking (U.S. Attorney's Office, N.D. Georgia)
• FBI Internet Crime Complaint Center (IC3)
• Sixth Circuit Pattern Criminal Jury Instruction 18.01: Transmission of a Threat (18 U.S.C. 875(c))