Cite as: 575 U. S. ____ (2015)
3
Opinion of ALITO, J.
has not defined the meaning of the term “threat” in
§875(c), but in construing the same term in a related
statute, the Court distinguished a “true ‘threat’ ” from
facetious or hyperbolic remarks. Watts v. United States,
394 U. S. 705, 708 (1969) (per curiam). In my view, the
term “threat” in §875(c) can fairly be defined as a statement that is reasonably interpreted as “an expression of
an intention to inflict evil, injury, or damage on another.”
Webster’s Third New International Dictionary 2382
(1976). Conviction under §875(c) demands proof that the
defendant’s transmission was in fact a threat, i.e., that it
is reasonable to interpret the transmission as an expression of an intent to harm another. In addition, it must be
shown that the defendant was at least reckless as to
whether the transmission met that requirement.
Why is recklessness enough? My analysis of the mens
rea issue follows the same track as the Court’s, as far as it
goes. I agree with the Court that we should presume that
criminal statutes require some sort of mens rea for conviction. See ante, at 9–13. To be sure, this presumption
marks a departure from the way in which we generally
interpret statutes. We “ordinarily resist reading words or
elements into a statute that do not appear on its face.”
Bates v. United States, 522 U. S. 23, 29 (1997). But this
step is justified by a well-established pattern in our criminal laws. “For several centuries (at least since 1600) the
different common law crimes have been so defined as to
require, for guilt, that the defendant’s acts or omissions be
accompanied by one or more of the various types of fault
(intention, knowledge, recklessness or—more rarely—
negligence).” 1 W. LaFave, Substantive Criminal Law
§5.5, p. 381 (2003). Based on these “background rules of
the common law, in which the requirement of some mens
rea for a crime is firmly embedded,” we require “some
indication of congressional intent, express or implied, . . .
to dispense with mens rea as an element of a crime.”
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