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Posted On: 01/06/2020 8:29:34 AM
Post# of 51888
Looks look Lopez is close to becoming acquainted with our Federal penal system!
Threatening the president of the United States is a felony under United States Code Title 3, Section 871.[45][46] The offense is punishable by up to 2 years in prison,[45] a $250 maximum fine,[47] a $100 special assessment,[48] and 3 years of supervised release.[49] 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 disruption of the governmental function."[50] 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).[51] Since each 6-level increase approximately 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/she has a criminal history and/or does not qualify for 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 threats. The maximum penalty for threatening a United States judge or a Federal law enforcement officer is 10 years imprisonment — double the maximum penalty for threatening the president.[52]
Threatening the president of the United States is a felony under United States Code Title 3, Section 871.[45][46] The offense is punishable by up to 2 years in prison,[45] a $250 maximum fine,[47] a $100 special assessment,[48] and 3 years of supervised release.[49] 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 disruption of the governmental function."[50] 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).[51] Since each 6-level increase approximately 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/she has a criminal history and/or does not qualify for 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 threats. The maximum penalty for threatening a United States judge or a Federal law enforcement officer is 10 years imprisonment — double the maximum penalty for threatening the president.[52]
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