What is the test for a criminal charge under section 876 of the Criminal Code relating to the possession of a threatening letter?
MultiRegion, United States of America
The following excerpt is from U.S. v. Somes, 968 F.2d 1222 (9th Cir. 1992):
Section 876 requires the government to prove that Somes mailed the letter with the intent to "extort from any person any money or other thing of value". See 18 U.S.C. 876. To support a conviction under 876, the government must prove that the defendant knowingly deposited a threatening letter in the mails. United States v. Davis, 876 F.2d 71, 73 (9th Cir.1989) (per curiam).
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