Does sending cornstarch designed to look like anthrax through the mail with the intent to scare the recipient violate the federal threat statute? In a 2-1 decision, the Third Circuit has ruled that the answer is yes. Here’s the relevant statute, 18 U.S.C. 876(c):
Whoever knowingly so deposits [in the U.S. mail] any communication . . . addressed to any other person and containing . . . any threat to injure the person of the addressee or of another, shall be fined under this title or imprisoned not more than five years, or both.
In an opinion by Judge Fuentes, the panel ruled that the cornstarch was a communication (because it was designed to communicate a message), and that it contained a threat (both because it would naturally induce fear and because it suggested that additional mailings may be on the way). Judge Stapleton dissented, agreeing that there was a communication but finding no threat:
I cannot conclude that the message”I have just poisoned you” can constitute a “threat” within the meaning of § 876. Such a message bears no indication that any conduct will be forthcoming by the sender.
In this case, I have no doubt that a reasonable recipient of Zavrel’s envelopes would believe that his health, and even his life, was in danger. That belief, however, could only have arisen from an event that had already occurred, i.e., exposure to the white powdery substance, and not from any future conduct that was yet to be undertaken
My initial sense is that Judge Stapleton has the much stronger argument. Either way, it’s an interesting case. Thanks to Howard for the link.
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