Should Comments Regarding Death of the President Be Reported
Full Question:
Answer:
Threats are judged according to all the facts and circumstances in each case. For example, a statement prefaced by "I think" sounds like a statement of opinion. If the statement was made while waving a weapon, it may be more than an opinion. I am unable to give a legal opinion, especially without being present. Turning a person in to the Secret Service may have serious consequences and needs to be done after careful deliberation.
The Secret Service is interested in legitimate information relating to threats, plans or attempts by individuals, groups or organizations to harm Secret Service protectees. However, the agency does not desire or solicit information pertaining to individuals or groups expressing legitimate criticism of, or political opposition to, the policies and decisions of the government or government officials.
The following is a TX statute:
§ 871. Threats against President and successors to the Presidency
(a) Whoever knowingly and willfully deposits for conveyance in the mail or for a delivery from any post office or by any letter carrier any letter, paper, writing, print, missive, or document containing any threat to take the life of, to kidnap, or to inflict bodily harm upon the President of the United States, the President-elect, the Vice President or other officer next in the order of succession to the office of President of the United States, or the Vice President-elect, or knowingly and willfully otherwise makes any such threat against the President, President-elect, Vice President or other officer next in the order of succession to the office of President, or Vice President-elect, shall be fined under this title or imprisoned not more than five years, or both.
The following is a TX statute:
§ 22.07 PENAL. Terroristic Threat
(a) A person commits an offense if he threatens to commit any offense
involving violence to any person or property with intent to:
(1) cause a reaction of any type to his threat by an official or
volunteer agency organized to deal with emergencies;
(2) place any person in fear of imminent serious bodily injury;
(3) prevent or interrupt the occupation or use of a building, room,
place of assembly, place to which the public has access, place of
employment or occupation, aircraft, automobile, or other form of
conveyance, or other public place;
(4) cause impairment or interruption of public communications, public
transportation, public water, gas, or power supply or other public
service;
(5) place the public or a substantial group of the public in fear of
serious bodily injury; or
(6) influence the conduct or activities of a branch or agency of the
federal government, the state, or a political subdivision of the state.
(b) An offense under Subsection (a)(1) is a Class B misdemeanor.
(c) An offense under Subsection (a)(2) is a Class B misdemeanor, except
that the offense is a Class A misdemeanor if the offense:
(1) is committed against a member of the person's family or household
or otherwise constitutes family violence; or
(2) is committed against a public servant.
(d) An offense under Subsection (a)(3) is a Class A misdemeanor, unless
the actor causes pecuniary loss of $1,500 or more to the owner of the
building, room, place, or conveyance, in which event the offense is a
state jail felony.
(e) An offense under Subsection (a)(4), (a)(5), or (a)(6) is a felony
of the third degree.
(f) In this section:
(1) "Family" has the meaning assigned by
Section 71.003, Family Code.
(2) "Family violence" has the meaning assigned by Section 71.004,
Family Code.
(3) "Household" has the meaning assigned by Section 71.005, Family
Code.
(g) For purposes of Subsection (d), the amount of pecuniary loss is the
amount of economic loss suffered by the owner of the building, room,
place, or conveyance as a result of the prevention or interruption of the
occupation or use of the building, room, place, or conveyance.
