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发帖数: 1998 | 1 Threatening the President of the United States is a class E felony under
United States Code Title 18, Section 871.[46][47] The offense is punishable
by
up to 5 years in prison,[46] a $250,000 maximum fine,[48] a $100 special
assessment,[49] and 3 years of supervised release.[50] Internet restrictions
such as a prohibition on access to email have been imposed on offenders who
made their threats by computer. The U.S. Sentencing Guidelines set a base
offense level of 12 for sending threatening communication, but when a threat
to
the President is involved, a 6-level "official victim" enhancement applies.
Moreover, "an upward departure may be warranted due to the potential disrupt
ion of the governmental function."[51] Further enhancements can apply if the
offender evidenced an intent to carry out the threat (6-level enhancement);
made more than two threats (2-level enhancement); caused substantial
disruption of public, governmental, or business functions or services (4-
level
enhancement); or created a substantial risk of inciting others to harm
federal
officials (2-level enhancement).[52] Since each 6-level increase approximate
ly doubles the Guidelines sentencing range, it is not particularly rare for
an offender who threatens the President to receive a sentence at or near the
maximum, especially if he has a criminal history and/or does not qualify fo
r a reduction for acceptance of responsibility. There is a 4-level decrease
available for a threat involving a "single instance evidencing little or no
deliberation", which would usually apply to spur-of-the-moment verbal threat
s. The maximum penalty for threatening a United States judge or a Federal la
w enforcement officer is 10 years imprisonment — double the maximum penalty
for threatening the President.[53] | C**********e
发帖数: 23303 | |
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