8
ELONIS v. UNITED STATES
Opinion of the Court
munication contain a threat. It does not specify that the
defendant must have any mental state with respect to
these elements. In particular, it does not indicate whether
the defendant must intend that his communication contain a threat.
Elonis argues that the word “threat” itself in Section
875(c) imposes such a requirement. According to Elonis,
every definition of “threat” or “threaten” conveys the
notion of an intent to inflict harm. Brief for Petitioner 23.
See United States v. Jeffries, 692 F. 3d 473, 483 (CA6
2012) (Sutton, J., dubitante). E.g., 11 Oxford English
Dictionary 353 (1933) (“to declare (usually conditionally)
one’s intention of inflicting injury upon”); Webster’s New
International Dictionary 2633 (2d ed. 1954) (“Law, specif.,
an expression of an intention to inflict loss or harm on
another by illegal means”); Black’s Law Dictionary 1519
(8th ed. 2004) (“A communicated intent to inflict harm or
loss on another”).
These definitions, however, speak to what the statement
conveys—not to the mental state of the author. For example, an anonymous letter that says “I’m going to kill you”
is “an expression of an intention to inflict loss or harm”
regardless of the author’s intent. A victim who receives
that letter in the mail has received a threat, even if the
author believes (wrongly) that his message will be taken
as a joke.
For its part, the Government argues that Section 875(c)
should be read in light of its neighboring provisions, Sections 875(b) and 875(d). Those provisions also prohibit
certain types of threats, but expressly include a mental
state requirement of an “intent to extort.” See 18 U. S. C.
§875(b) (proscribing threats to injure or kidnap made
“with intent to extort”); §875(d) (proscribing threats to
property or reputation made “with intent to extort”).
According to the Government, the express “intent to extort” requirements in Sections 875(b) and (d) should pre-
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