United States of America v. Evan James Oppegard

Minneapolis, Minnesota, criminal defense lawyer represented the Defendant charged with interstate threats to injury.



18 U.S.C. § 875(c) is a federal law that makes it a crime to transmit a communication containing a threat to kidnap or injure another person in interstate or foreign commerce



. To be convicted, the government must prove the defendant knowingly transmitted the communication with the intent to make a threat or with knowledge it would be viewed as a threat. Penalties can include fines and imprisonment for up to 20 years.



What constitutes a violation?



Interstate or foreign communication: The communication must cross state or national borders.

Threat to kidnap or injure: The communication must contain a threat to kidnap or injure a person.

Intent: The sender must have intended to issue a threat or knew that the communication would be viewed as a threat.



Elements the government must prove



The defendant knowingly transmitted a communication.

The communication contained a threat to kidnap or injure someone.

The communication was transmitted for the purpose of issuing a threat, or with knowledge that it would be viewed as a threat.



The communication was transmitted in interstate or foreign commerce.



Related laws



18 U.S.C. § 875(a-b) and (d): These sections cover other types of threats, such as threats to injure property or reputation with the intent to extort, and demands for ransom.

18 U.S.C. § 876: This law specifically addresses sending threatening communications through the mail.



Examples of protected versus unprotected speech



Unprotected: If a person makes a statement that a reasonable person would interpret as a serious expression of intent to cause bodily harm, and the statement is transmitted across state lines, it could be a violation of this law.



Protected: The law does not apply to statements that are not serious expressions of intent to cause injury, such as political commentary or joking.

Custody of the BOP for 24 months; 18 months to be served consecutive and 6 months to be served concurrent to the term of imprisonment imposed in 20-CR-9 (JRT); No term of Supervised Release; $100.00 Special Assessment.