Cite as: 575 U. S. ____ (2015)
9
Opinion of the Court
clude courts from implying an unexpressed “intent to
threaten” requirement in Section 875(c). See Russello v.
United States, 464 U. S. 16, 23 (1983) (“[W]here Congress
includes particular language in one section of a statute but
omits it in another section of the same Act, it is generally
presumed that Congress acts intentionally and purposely
in the disparate inclusion or exclusion.”).
The Government takes this expressio unius est exclusio
alterius canon too far. The fact that Congress excluded
the requirement of an “intent to extort” from Section
875(c) is strong evidence that Congress did not mean to
confine Section 875(c) to crimes of extortion. But that does
not suggest that Congress, at the same time, also meant to
exclude a requirement that a defendant act with a certain
mental state in communicating a threat. The most we can
conclude from the language of Section 875(c) and its
neighboring provisions is that Congress meant to proscribe
a broad class of threats in Section 875(c), but did not identify what mental state, if any, a defendant must have to be
convicted.
In sum, neither Elonis nor the Government has identified any indication of a particular mental state requirement in the text of Section 875(c).
B
The fact that the statute does not specify any required
mental state, however, does not mean that none exists.
We have repeatedly held that “mere omission from a
criminal enactment of any mention of criminal intent”
should not be read “as dispensing with it.” Morissette v.
United States, 342 U. S. 246, 250 (1952). This rule of
construction reflects the basic principle that “wrongdoing
must be conscious to be criminal.” Id., at 252. As Justice
Jackson explained, this principle is “as universal and
persistent in mature systems of law as belief in freedom of
the human will and a consequent ability and duty of the
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