Death Threats in the U.S.: Are They Illegal, What to Do, and Possible Penalties (2026)

A death threat is a serious matter in the United States. Depending on the circumstances, making a threat to kill another person can lead to criminal charges under state or federal law.

However, not every angry statement, joke, exaggeration, or offensive comment automatically qualifies as a criminal threat. U.S. law recognizes constitutional protections for speech, including the First Amendment. Courts therefore examine the language, context, circumstances, and applicable legal requirements when determining whether a communication constitutes an unlawful threat.

This guide explains what death threats are, when they may be illegal, how threats made by text or social media can be treated, possible penalties, and what someone should do after receiving a death threat.

What Is a Death Threat?

A death threat generally involves a communication expressing that someone intends to kill another person or cause that person’s death.

A death threat can be communicated in many ways, including:

• In person
• By telephone
• Through text messages
• By email
• Through social media
• Through online messaging platforms
• In a letter
• Through another person
• Through recordings or other electronic communications

The precise legal definition depends on the federal or state law involved.

A threat does not necessarily have to be made face-to-face to have legal consequences.

Are Death Threats Illegal in the United States?

They can be.

The United States does not have one single criminal statute covering every death threat. Federal law contains several threat-related offenses, while states have their own criminal laws.

For example, federal law makes it a crime to transmit in interstate or foreign commerce a communication containing a threat to kidnap someone or injure another person. A violation of 18 U.S.C. § 875(c) can carry a maximum penalty of five years in prison.

Other federal laws address threatening communications sent through the mail and certain threats involving public officials or protected persons.

State laws may separately criminalize offenses commonly described as criminal threats, terroristic threats, menacing, stalking, or related conduct.

What Is a “True Threat”?

The First Amendment generally does not protect a true threat of unlawful violence.

The U.S. Supreme Court has described a true threat as a serious expression conveying that the speaker means to commit an act of unlawful violence. The Court’s decision in Counterman v. Colorado is particularly important because it addressed the constitutional requirements for prosecuting true threats.

The constitutional analysis is more complicated than simply asking whether someone felt frightened by a statement.

The circumstances and the speaker’s mental state can matter.

Does a Death Threat Have to Be Believable?

A statement does not necessarily have to be accompanied by an actual ability or immediate plan to carry out the killing for it to create legal exposure.

The question is whether the communication satisfies the requirements of the applicable criminal law.

Courts can consider factors such as:

• The exact words used
• The surrounding circumstances
• The relationship between the parties
• Whether the communication was direct or indirect
• Whether there was a history of threatening conduct
• Whether weapons or other circumstances were mentioned
• The method used to communicate the statement
• The speaker’s mental state

A person should therefore not assume that a death threat is legally harmless simply because the speaker did not actually intend to carry it out.

Death Threats Made by Text Message

A death threat sent by text message can potentially result in criminal consequences.

Electronic communications can fall within federal or state criminal statutes depending on the circumstances. Federal law specifically addresses certain threats transmitted in interstate or foreign commerce.

For example, a text message threatening to kill someone could become important evidence in a criminal investigation.

The fact that the communication was sent electronically does not automatically make it a federal crime, however. Prosecutors must establish the elements required by the particular statute.

Death Threats on Social Media

Death threats can also be made through:

• Facebook
• Instagram
• X
• TikTok
• Reddit
• Online forums
• Direct messages
• Other internet platforms

Federal stalking law can apply in certain circumstances when a person uses an interactive computer service or electronic communication system as part of a course of conduct that causes a person to reasonably fear death or serious bodily injury, or causes substantial emotional distress, when the statutory requirements are met.

A single offensive social media post is not automatically a federal crime. The particular communication and circumstances must satisfy the applicable law.

Can a Death Threat Be a Crime If It Was a Joke?

Potentially, but context matters.

People sometimes make exaggerated statements during arguments or use violent language as a form of humor. Such statements do not automatically become criminal threats.

Courts distinguish constitutionally protected speech from true threats. The Supreme Court has emphasized the importance of context and the constitutional limits on criminalizing threatening speech.

Calling a statement a “joke” does not automatically prevent criminal liability, but prosecutors still must prove the elements of the applicable offense.

Does the Person Have to Intend to Kill You?

Not necessarily.

The law does not universally require proof that the speaker actually planned to kill the person. Different statutes have different mental-state requirements.

The Supreme Court’s decision in Counterman v. Colorado established an important First Amendment requirement for true-threat prosecutions: the government must prove that the defendant had at least a reckless mental state concerning the threatening nature of the communication.

This means the constitutional question is not simply whether a reasonable person would find the statement frightening.

Can You Be Arrested for Making a Death Threat?

Yes, depending on the circumstances and applicable law.

Law enforcement may investigate a reported death threat and, where legal requirements are satisfied, make an arrest.

An arrest does not mean the person has been found guilty. The prosecution must still establish the required elements of the offense beyond a reasonable doubt in a criminal case.

The exact process varies between states and between federal and state cases.

Federal Death Threat Laws

Several federal statutes can apply to threatening conduct.

Interstate Communications

Under 18 U.S.C. § 875(c), transmitting in interstate or foreign commerce a communication containing a threat to kidnap or injure another person can result in a fine or imprisonment for up to five years, or both.

The statute can be relevant to certain electronic communications because interstate communications can involve federal jurisdiction.

Threats Sent Through the Mail

Federal law also addresses threatening communications sent through the mail.

Under 18 U.S.C. § 876(c), knowingly mailing a communication containing a threat to kidnap someone or injure the addressee or another person can result in imprisonment of up to five years. Certain threats involving federal judges or specified federal officials can carry a higher maximum penalty.

Threats Against the President

Federal law separately prohibits certain knowing and willful threats to kill, kidnap, or inflict bodily harm upon the President, President-elect, Vice President, or certain individuals in the presidential line of succession. The maximum imprisonment under 18 U.S.C. § 871 is five years.

There are also federal protections covering certain former Presidents, their immediate family members, major presidential or vice-presidential candidates, and other Secret Service-protected persons.

State Laws on Death Threats

State law can be especially important in an ordinary dispute between individuals.

Depending on the state, conduct involving a death threat may be prosecuted under laws addressing:

• Criminal threats
• Terroristic threats
• Menacing
• Intimidation
• Harassment
• Stalking
• Domestic violence
• Extortion
• Assault-related offenses

The terminology, elements, and penalties vary by state.

For this reason, an article discussing a specific death-threat case should identify the relevant state rather than treating every state as having identical law.

Death Threats and Stalking

A death threat may become part of a larger stalking case when someone repeatedly contacts, follows, monitors, or intimidates another person.

Federal stalking law covers certain courses of conduct involving electronic communications when the statutory requirements are satisfied.

For example, repeated threatening messages combined with surveillance or other conduct may present a different legal situation from one isolated statement.

State stalking laws can provide additional protections.

Death Threats and Extortion

A death threat can become even more serious when it is used to obtain money, property, or another thing of value.

Federal law specifically addresses certain interstate threats made with an intent to extort. Under 18 U.S.C. § 875(b), transmitting an interstate communication containing a threat to kidnap or injure someone with the intent to extort can carry a maximum penalty of 20 years in prison.

Therefore, a threat such as demanding money in exchange for not killing someone may involve additional criminal offenses.

What Should You Do If Someone Makes a Death Threat?

If you receive a credible death threat, take the situation seriously.

Preserve the Evidence

Save:

• Text messages
• Emails
• Screenshots
• Social media posts
• Direct messages
• Voicemails
• Letters
• Call records
• Relevant photographs or recordings

Do not unnecessarily delete or alter the original communication.

Avoid Escalating the Situation

If you believe the person may become violent, avoid actions that could increase the danger.

Do not confront the person simply to obtain additional evidence.

Report Immediate Danger

If you believe you or another person is in immediate danger, contact local emergency services.

For threats that are not immediately dangerous, you can report the matter to the appropriate law-enforcement agency and provide the evidence you have preserved.

Consider a Protective Order

Depending on the state and circumstances, a person experiencing threats, stalking, or domestic violence may be able to seek a protective or restraining order.

The requirements and procedures differ by state.

Speak With an Attorney

An attorney can review the exact communication, the surrounding circumstances, available evidence, and the law applicable in the relevant jurisdiction.

What Evidence Is Useful in a Death-Threat Case?

Potential evidence may include:

• Text messages
• Emails
• Social media posts
• Direct messages
• Voicemails
• Recorded communications where legally obtained
• Witness statements
• Security-camera footage
• Phone records
• Previous communications
• Evidence of stalking or repeated contact
• Evidence of an alleged motive

The usefulness and admissibility of evidence depend on the circumstances and applicable rules.

What Are the Penalties for Death Threats?

There is no universal punishment for making a death threat in the United States.

Potential consequences can include:

• Fines
• Probation
• Jail
• Prison
• Protective or restraining orders
• Restrictions imposed as part of a sentence
• Additional criminal charges

Federal penalties vary according to the statute involved.

For example, a violation of 18 U.S.C. § 875(c) can carry up to five years of imprisonment, while certain interstate threats made with intent to extort can carry substantially higher penalties.

State penalties can be different.

Are Death Threats Protected by the First Amendment?

Generally, true threats are not protected by the First Amendment.

However, constitutional protection for speech means that prosecutors cannot simply criminalize every statement that sounds aggressive, offensive, or disturbing.

The Supreme Court’s decisions concerning true threats require courts to distinguish protected expression from communications that fall outside First Amendment protection.

In Counterman v. Colorado, the Court held that the First Amendment requires the government to establish a subjective mental-state requirement in a true-threat prosecution.

This constitutional protection is one reason why the exact wording and context of an alleged death threat can be legally important.

Frequently Asked Questions

Is making a death threat illegal in the U.S.?

It can be. Federal and state laws can criminalize death threats depending on the circumstances and the elements of the applicable offense.

Can you go to jail for threatening to kill someone?

Yes. Depending on the jurisdiction and offense, a person convicted of making a death threat can face jail or prison, along with other penalties.

Is a death threat over text message illegal?

It can be. Certain electronic communications can fall under federal or state criminal laws. Federal law specifically covers certain threatening interstate communications.

Can you be charged for a death threat made on social media?

Potentially. Online threats can be investigated under state law and, in qualifying circumstances, federal law.

Does a person have to actually intend to kill someone?

Not necessarily. The required mental state depends on the applicable law. Constitutional requirements concerning true threats also matter.

Is saying “I will kill you” always a criminal offense?

No. The legal analysis depends on the circumstances, context, applicable statute, and constitutional standards. A statement must be evaluated to determine whether it constitutes a legally punishable threat.

What should I do if someone sends me a death threat?

Preserve the evidence, avoid escalating the situation, and contact law enforcement if you believe there is an immediate danger. You may also want to speak with an attorney about available legal protections.

Final Takeaway

Death threats can have serious legal consequences in the United States. Federal law criminalizes certain threatening communications, including qualifying interstate communications and threatening communications sent through the mail. States also have their own laws addressing criminal threats, stalking, menacing, and related conduct.

At the same time, not every angry, exaggerated, or offensive statement is automatically a criminal death threat. The First Amendment protects substantial amounts of speech, and courts must distinguish protected expression from true threats.

If someone makes a genuine threat to kill you or another person, preserve the evidence and take reasonable steps to protect yourself. When there is an immediate risk of violence, contacting law enforcement should take priority over trying to resolve the dispute yourself.

This article provides general legal information and is not a substitute for advice from a licensed attorney. Laws vary by state, and the outcome of an individual case depends on its specific facts.