Cite as: 575 U. S. ____ (2015)
13
THOMAS, J., dissenting
ries enacted laws making it a crime to “knowingly send or
deliver any letter or writing, with or without a name
subscribed thereto, or signed with a fictitious name, . . .
threatening to maim, wound, kill or murder any person, or
to burn his or her [property], though no money, goods or
chattels, or other valuable thing shall be demanded,” e.g.,
1795 N. J. Laws §57, at 108; see also, e.g., 1816 Ga. Laws
p. 178; 1816 Mich. Territory Laws p. 128; 1827 Ill. Crim.
Code §108; 1832 Fla. Laws, at 68–69. These laws appear
to be the closest early analogue to §875(c), as they penalize
transmitting a communication containing a threat without
proof of a demand to extort something from the victim.
Threat provisions explicitly requiring proof of a specific
“intent to extort” appeared alongside these laws, see,
e.g., 1795 N. J. Laws §57, at 108, but those provisions
are simply the predecessors to §875(b) and §875(d),
which likewise expressly contain an intent-to-extort
requirement.
The laws without that extortion requirement were
copies of a 1754 English threat statute subject to only a
general-intent requirement. The statute made it a capital
offense to “knowingly send any Letter without any Name
subscribed thereto, or signed with a fictitious Name . . .
threatening to kill or murder any of his Majesty’s Subject
or Subjects, or to burn their [property], though no Money
or Venison or other valuable Thing shall be demanded.”
27 Geo. II, ch. 15, in 7 Eng. Stat. at Large 61 (1754); see
also 4 W. Blackstone, Commentaries on the Laws of Eng
land 144 (1768) (describing this statute). Early English
decisions applying this threat statute indicated that the
appropriate mental state was general intent. In King v.
Girdwood, 1 Leach 142, 168 Eng. Rep. 173 (K. B. 1776),
for example, the trial court instructed the jurors that, “if
they were of opinion that” the “terms of the letter con
veyed an actual threat to kill or murder,” “and that the
prisoner knew the contents of it, they ought to find him
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