2
ELONIS v. UNITED STATES
Syllabus
conviction under Section 875(c). Pp. 7–17.
(a) Section 875(c) does not indicate whether the defendant must intend that the communication contain a threat, and the parties can
show no indication of a particular mental state requirement in the
statute’s text. Elonis claims that the word “threat,” by definition,
conveys the intent to inflict harm. But common definitions of
“threat” speak to what the statement conveys—not to the author’s
mental state. The Government argues that the express “intent to extort” requirements in neighboring Sections 875(b) and (d) should preclude courts from implying an unexpressed “intent to threaten” requirement in Section 875(c). The most that can be concluded from
such a comparison, however, is that Congress did not mean to confine
Section 875(c) to crimes of extortion, not that it meant to exclude a
mental state requirement. Pp. 7–9.
(b) The Court does not regard “mere omission from a criminal enactment of any mention of criminal intent” as dispensing with such a
requirement. Morissette v. United States, 342 U. S. 246, 250. This
rule of construction reflects the basic principle that “wrongdoing
must be conscious to be criminal,” and that a defendant must be
“blameworthy in mind” before he can be found guilty. Id., at 252.
The “general rule” is that a guilty mind is “a necessary element in the
indictment and proof of every crime.” United States v. Balint, 258
U. S. 250, 251. Thus, criminal statutes are generally interpreted “to
include broadly applicable scienter requirements, even where the
statute . . . does not contain them.” United States v. X-Citement Video, Inc., 513 U. S. 64, 70. This does not mean that a defendant must
know that his conduct is illegal, but a defendant must have
knowledge of “the facts that make his conduct fit the definition of the
offense.” Staples v. United States, 511 U. S. 600, 608, n. 3. Federal
criminal statutes that are silent on the required mental state should
be read to include “only that mens rea which is necessary to separate”
wrongful from innocent conduct. Carter v. United States, 530 U. S.
255, 269. In some cases, a general requirement that a defendant act
knowingly is sufficient, but where such a requirement “would fail to
protect the innocent actor,” the statute “would need to be read to require . . . specific intent.” Ibid. Pp. 9–13.
(c) The “presumption in favor of a scienter requirement should apply to each of the statutory elements that criminalize otherwise innocent conduct.” X-Citement Video, 513 U. S., at 72. In the context of
Section 875(c), that requires proof that a communication was transmitted and that it contained a threat. And because “the crucial element separating legal innocence from wrongful conduct,” id., at 73, is
the threatening nature of the communication, the mental state requirement must apply to the fact that the communication contains a
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