Page 531 - Trump Executive Orders 2017-2021

10234 Federal Register / Vol. 83, No. 46 / Thursday, March 8, 2018 / Presidential Documents

b. Elements.
( 1) Threats generally.
(a) That the accused communicated certain language expressing a present
determination or intent to injure the person, property, or reputation of another person, presently
or in the future;
(b) That the communication was made known to that person or to a third person;
and
(c) That the communication was wrongful.
(2) Threat to use explosive, etc.
(a) That the accused communicated certain language;
(b) That the information communicated amounted to a threat;
(c) That the hann threatened was to be done by means of an explosive; weapon of
mass destruction; biological or chemical agent, substance, or weapon; or hazardous
material; and
(d) Thatthe communication was wrongful.
(3) False threals concerning use<?{ explosives, elc.
(a) That the accused communicated or conveyed certain information;
(b) That the information communicated or conveyed concerned an attempt being
made or to be made by means of an explosive; weapon of mass destruction; biological or
chemical agent, substance, or weapon; or hazardous material, to unlawfully kill, injure, or
intimidate a person or to unlawfully damage or destroy certain property;
(c) That the information communicated or conveyed by the accused was false and
that the accused then knew it to be false; and
(d) That the communication of the information by the accused was malicious.
c. i'.,xplanation.
(1) Threat. A "threat" means an expressed present determination or intent to kill, injure,
or intimidate a person or to damage or destroy certain property presently or in the future. The
communication must be one that a reasonable person would understand as expressing a present
determination or intent to wrongfully injure the person, property, or reputation of another person,
presently or in the future. Proof that the accused actually intended to kill, injure, intimidate,
damage or destroy is not required.
(2) Wrongful. A communication must be wrongful in order to constitute this offense. The
wrongfulness of the communication relates to the accused's subjective intent. For purposes of
this paragraph, the mental state requirement is satisfied if the accused transmitted the
communication for the purpose of issuing a threat or with knowledge that the communication
will be viewed as a threat. A statement made under circumstances that reveal it to be in jest or for
an innocent or legitimate purpose that contradicts the expressed intent to commit the act is not
wrongful. Nor is the offense committed by the mere statement of intent to commit an unlawful
act not involving a threat.
(3) F.xplosive. "Explosive" means gunpowder, powders used for blasting, all forms of
high explosives, blasting materials, fuses (other than electrical circuit breakers), detonators, and
other detonating agents, smokeless powders, any explosive bomb, grenade, missile, or similar
device, and any incendiary bomb or grenade, fire bomb, or similar device, and any other
explosive compound, mixture, or similar material.
( 4) Weapon qf mass destruction. A "weapon of mass destruction" means any device,
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explosive or otherwise, that is intended, or has the capability, to cause death or serious bodily

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