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1452. Threatening to Tamper with a Consumer Product

Subsection (d) of 18 U.S.C. § 1365 prohibits credible threats to tamper. It does not require a demand for money or other consideration. If money is demanded, there may also be a violation of the Hobbs Act, 18 U.S.C. §  1951, or the extortion statutes, 18 U.S.C. §§ 875-877. If a defendant has special knowledge that permits him/her to tamper with a consumer product, such might constitute a "special skill" warranting an increase in the base offense level under the Sentencing Guidelines. United States v. Hummer, 916 F.2d 186 (4th Cir. 1990). While, pursuant to 18 U.S.C. § 3287, venue for a threat to tamper can be prosecuted in the district where made or received, venue for a money laundering offense relating to the purchase of a check from the proceeds of the extortion can only be prosecuted in the district where the monetary instrument was obtained. United States v. Knight, 822 F. Supp. 1021 (S.D.N.Y. 1993).

[cited in JM 9-63.1100]

Updated January 17, 2020