Cite as: 575 U. S. ____ (2015)
7
Opinion of the Court
instead informed the jury that
“A statement is a true threat when a defendant intentionally makes a statement in a context or under such
circumstances wherein a reasonable person would
foresee that the statement would be interpreted by
those to whom the maker communicates the statement as a serious expression of an intention to inflict
bodily injury or take the life of an individual.” Id.,
at 301.
The Government’s closing argument emphasized that it
was irrelevant whether Elonis intended the postings to be
threats—“it doesn’t matter what he thinks.” Id., at 286. A
jury convicted Elonis on four of the five counts against
him, acquitting only on the charge of threatening park
patrons and employees. Id., at 309. Elonis was sentenced
to three years, eight months’ imprisonment and three
years’ supervised release.
Elonis renewed his challenge to the jury instructions in
the Court of Appeals, contending that the jury should have
been required to find that he intended his posts to be
threats. The Court of Appeals disagreed, holding that the
intent required by Section 875(c) is only the intent to
communicate words that the defendant understands, and
that a reasonable person would view as a threat. 730
F. 3d 321, 332 (CA3 2013).
We granted certiorari. 573 U. S. ___ (2014).
II
A
An individual who “transmits in interstate or foreign
commerce any communication containing any threat to
kidnap any person or any threat to injure the person of
another” is guilty of a felony and faces up to five years’
imprisonment. 18 U. S. C. §875(c). This statute requires
that a communication be transmitted and that the com-
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