Is specific intent to threaten and to transmit the threat an essential element of the crime defined by Section 875(c) and 876?
MultiRegion, United States of America
The following excerpt is from U.S. v. King, 122 F.3d 808 (9th Cir. 1997):
Our holding that specific intent to threaten and to transmit the threat are essential elements of the crimes defined by 875(c) and 876 does not conflict or disagree with the clear pronouncements of other circuits that specific intent (or ability) to carry out the threat is not an essential element under these sections. See ... United States v. Chatman, 584 F.2d 1358, 1360-61 (4th Cir.1978).
Twine, 853 F.2d at 681 n. 4.
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