8
ELONIS v. UNITED STATES
THOMAS, J., dissenting
the Presidential threats statute, contains no reference to
knowledge or willfulness. Nothing in the statute suggests
that Congress departed from the “conventional mens rea
element” of general intent, Staples, supra, at 605; I would
not impose a higher mental-state requirement here.
C
The majority refuses to apply these ordinary back
ground principles. Instead, it casts my application of
general intent as a negligence standard disfavored in the
criminal law. Ante, at 13–16. But that characterization
misses the mark. Requiring general intent in this context
is not the same as requiring mere negligence. Like the
mental-state requirements adopted in many of the cases
cited by the Court, general intent under §875(c) prevents a
defendant from being convicted on the basis of any fact
beyond his awareness. See, e.g., United States v. XCitement Video, Inc., 513 U. S. 64, 73 (1994) (knowledge of
age of persons depicted in explicit materials); Staples,
supra, at 614–615 (knowledge of firing capability of
weapon); Morissette v. United States, 342 U. S. 246, 270–
271 (1952) (knowledge that property belonged to another).
In other words, the defendant must know—not merely be
reckless or negligent with respect to the fact—that he is
committing the acts that constitute the actus reus of the
offense.
But general intent requires no mental state (not even a
negligent one) concerning the “fact” that certain words
meet the legal definition of a threat. That approach is
particularly appropriate where, as here, that legal status
is determined by a jury’s application of the legal standard
of a “threat” to the contents of a communication. And
convicting a defendant despite his ignorance of the legal—
or objective—status of his conduct does not mean that he
is being punished for negligent conduct. By way of exam
ple, a defendant who is convicted of murder despite claim
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