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CRM 1000-1499

1069. Overview of Pertinent Provisions—Interstate and Foreign Extortion

Section 875 of Title 18 prohibits the transmission in interstate or foreign commerce of: (1) any demand or request for ransom or reward for the release of any kidnapped person; (2) a threat to kidnap or injure any person, either with or without the intent to extort; or (3) with intent to extort, a threat to injure the property or reputation of any person, including the reputation of a deceased person, or a threat to accuse any person of a crime. Title 18, U.S.C., section 875 applies to both interstate and foreign telephone calls or other communications. Thus, any communication that crosses state or national borders is included within the scope of the provision. See 18 U.S.C. § 3237 for questions concerning venue.

Section 876 of Title 18 prohibits causing the mailing by the Postal Service, or the depositing for mail, of matter which contains: (1) a demand or request for ransom or reward for the release of any kidnapped person; (2) a threat to kidnap or injure any person either with or without the intent to extort; or (3) with intent to extort, a threat to injure the property or reputation of any person, including the reputation of a deceased person, or threat to accuse any person of a crime.

Section 877 of Title 18 prohibits the mailing, in a foreign country, through the post office establishment of that country, with final delivery in the United States through the Postal Service, of any communication containing: (1) a demand or request for ransom or reward for the release of any kidnapped person; (2) a threat to kidnap or injure any person, either with or without the intent to extort; (3) with intent to extort, a threat to injure the property or reputation of any person, including the reputation of a deceased person, or a threat to accuse any person of a crime.

[cited in JM 9-60.300]