Part IV · Punitive Articles

Article 115. Communicating threats · MCM ¶ 53

2024 Manual for Courts-Martial, United States

Recent revisions Summary of changes
(a) Text of statute.
(a) COMMUNICATING THREATS GENERALLY.—Any person subject to this chapter who wrongfully communicates a threat to injure the person, property, or reputation of another shall be punished as a court-martial may direct.
(b) COMMUNICATING THREAT TO USE EXPLOSIVE, ETC.—Any person subject to this chapter who wrongfully communicates a threat to injure the person or property of another by use of
(1) an explosive, (2) a weapon of mass destruction, (3) a biological or chemical agent, substance, or weapon, or (4) a hazardous material, shall be punished as a court-martial may direct.
(c) COMMUNICATING FALSE THREAT CONCERNING USE OF EXPLOSIVE, ETC.— Any person subject to this chapter who maliciously communicates a false threat concerning injury to the person or property of another by use of (1) an explosive, (2) a weapon of mass destruction, (3) a biological or chemical agent, substance, or weapon, or (4) a hazardous material, shall be punished as a court-martial may direct. As used in the preceding sentence, the term “false threat” means a threat that, at the time the threat is communicated, is known to be false by the person communicating the threat.
(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 harm 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) That the communication was wrongful.
(3) False threats concerning use of explosives, etc.
(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) Explanation.
(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) Explosive. “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 of mass destruction. A “weapon of mass destruction” means any device, explosive or otherwise, that is intended, or has the capability, to cause death or serious bodily injury to a significant number of people through the release, dissemination, or impact of: toxic or poisonous chemicals, or their precursors; a disease organism; or radiation or radioactivity.
(5) Biological agent. The term “biological agent” means any microorganism (including bacteria, viruses, fungi, rickettsiac, or protozoa), pathogen, or infectious substance, and any naturally occurring, bioengineered, or synthesized component of any such micro-organism, pathogen, or infectious substance, whatever its origin or method of production, that is capable of causing—
(a) death, disease, or other biological malfunction in a human, an animal, a plant, or another living organism;
(b) deterioration of food, water, equipment, supplies, or materials of any kind; or
(c) deleterious alteration of the environment.
(6) Chemical agent, substance, or weapon. A “chemical agent, substance, or weapon” refers to a toxic chemical and its precursors or a munition or device, specifically designed to cause death or other harm through toxic properties of those chemicals that would be released as a result of the employment of such munition or device, and any equipment specifically designed for use directly in connection with the employment of such munitions or devices.
(7) Hazardous material. A substance or material (including explosive, radioactive material, etiologic agent, flammable or combustible liquid or solid, poison, oxidizing or corrosive material, and compressed gas, or mixture thereof) or a group or class of material designated as hazardous by the Secretary of Transportation.
(8) Malicious. A communication is malicious if the accused believed that the information would probably interfere with the peaceful use of the building, vehicle, aircraft, or other property concerned, or would cause fear or concern to one or more persons.
(d) Maximum punishment.
(1) Threats and false threats generally. Dishonorable discharge, forfeiture of all pay and allowances, and confinement for 3 years.
(2) Threats and false threats concerning use of explosives, etc. Dishonorable discharge, forfeitures of all pay and allowances, and confinement for 10 years.
(e) Sample specification s.
(1) Threats generally. In that __________ (personal jurisdiction data), did, (at/on board—location) (subject-matter jurisdiction data, if required), on or about _____ 20 __, wrongfully communicate to __________ a threat (to injure _____ by _____) (to accuse _____ of having committed the offense of _____) (_____).
(2) Threats concerning use of explosives, etc. In that __________ (personal jurisdiction data) did, (at/on board—location) (subject-matter jurisdiction data, if required), on or about _____ 20 __, wrongfully communicate certain information, to wit: __________, which language constituted a threat to harm a person or property by means of a(n) [explosive; weapon of mass destruction; biological agent, substance, or weapon; chemical agent, substance, or weapon; and/or
(a) hazardous material(s)].
(3) False threats concerning use of explosives, etc. In that __________ (personal jurisdiction data) did, (at/on board—location) (subject-matter jurisdiction data, if required), on or about _____ 20 __, maliciously (communicate) (convey) certain information concerning an attempt being made or to be made to unlawfully [(kill) (injure) (intimidate) __________ ] [(damage) (destroy) __________ ] by means of a(n) [explosive; weapon of mass destruction; biological agent, substance, or weapon; chemical agent, substance, or weapon; and/or (a) hazardous material(s)], to wit: __________, which information was false and which the accused then knew to be false.
Information on this tab is reproduced from the U.S. Army Military Judges’ Benchbook (Electronic Benchbook v2.70, updated 2026-05-26). It is for informational purposes only to compare to the text on the Manual for Courts-Martial on the MCM tab. Always check the current EBB to make sure you’re reviewing the most recent information.

NOTE 1. If convicted of only offenses committed on or after 28 December 2023, the judge shall sentence the accused in accordance with the sentencing parameters or criteria, as appropriate, or state reasons for deviating in writing. See RCM 925(c)(2), RCM 1002(a)(2), Appendices 12B (Parameter Table-Confinement Categories), 12C (Offense Category Chart), and 12D (List of Criteria Offenses), 2024 MCM.
Maximum punishment

DD, TF, 3 years, E-1. (Category 2)

Sample specification

In that __________ (personal jurisdiction data), did, (at/on board—location), on or about __________, wrongfully communicate to __________ a threat (to injure __________ by __________) (to accuse __________ of having committed the offense of __________) (__________).

Elements

(1) That (state the time and place alleged) the accused communicated certain language, to wit: (state the language alleged), or words to that effect, expressing a present determination or intent to injure the person, property, or reputation of (state the name of the person alleged), presently or in the future;

(2) That the communication was made known to (state the name of the person threatened, or a third person, as alleged); and

(3) That the communication was wrongful.

Definitions & other instructions

A “threat” means an expressed present determination or intent to kill or injure a person,to damage or destroy certain property, or to injure a person’s reputation, 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, damage or destroy is not required.

A communication is “wrongful” if the accused transmitted it for the purpose of issuing a threat or with the knowledge that it would be viewed as a threat.

A communication is not “wrongful” if it is 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.

NOTE 2. In general. This offense requires both an objective expression of intent (that is, the first element) and a subjective intent by the accused (contained in the element of wrongfulness). Thus, the offense is not committed by only the objective expression of intent to commit an unlawful act involving injury to another. Additionally, even if accompanied by the required subjective intent, the offense is not committed by the objective expression of intent to commit an unlawful act not involving injury to another.
NOTE 3. Wrongfulness. “Wrongfulness” is properly understood to reference the accused’s subjective intent. If the evidence raises a “legitimate purpose” for the statement (which would negate “wrongfulness”), the judge must, sua sponte, instruct carefully and comprehensively on the issue. For example, if the evidence reasonably raises that the accused made the communication in self-defense or in defense of property, the judge must, sua sponte, give the appropriately tailored self-defense or defense of property instructions.
References

(1) Defense of property and self-defense negate wrongfulness: See US v Viers, 75 MJ 554 (ACCA 2015).

(2) Mens rea: See US v. Elonis, 135 SCt 2001 (2015);US v. Rapert, 75 MJ 164 (CAAF 2016); see also Counterman v. Colorado, 600 US 66 (2023).

Source: Instruction 3a-53-1 · view original on jagcnet.army.mil

NOTE 1. If convicted of only offenses committed on or after 28 December 2023, the judge shall sentence the accused in accordance with the sentencing parameters or criteria, as appropriate, or state reasons for deviating in writing. See RCM 925(c)(2), RCM 1002(a)(2), Appendices 12B (Parameter Table-Confinement Categories), 12C (Offense Category Chart), and 12D (List of Criteria Offenses), 2024 MCM.
Maximum punishment

DD, TF, 10 years, E-1. (Category 3)

Sample specification

In that __________ (personal jurisdiction data) did, (at/on board—location) on or about __________, wrongfully communicate certain information, to wit: __________, which language constituted a threat to harm a person or property by means of a(n) [explosive; weapon of mass destruction; biological agent, substance, or weapon; chemical agent, substance, or weapon; and/or (a) hazardous material(s)].

Elements

(1) That (state the time and place alleged), the accused communicated certain language, to wit: (state the language of the threat alleged);

(2) That the information communicated amounted to a threat;

(3) That the harm threatened was to be done by means of ((an) explosive(s)) ((a) weapon(s) of mass destruction) ((a) biological or chemical agent(s), substance(s), or weapon(s)) (and) ((a) hazardous material(s)); and

(4) That the communication was wrongful.

Definitions & other instructions

A “threat” means an expressed present determination or intent to kill or injure 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 or property of another person, presently or in the future. Proof that the accused actually intended to kill, injure, damage or destroy is not required.

A communication is “wrongful” if the accused transmitted it for the purpose of issuing a threat or with the knowledge that it would be viewed as a threat.

A communication is not “wrongful” if it is 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.

(“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.)

(“Weapon of mass destruction” means any device, explosive or otherwise, that is intended, or has the capability, to cause death or serious bodily injury to a significant number of people through the release, dissemination, or impact of: toxic or poisonous chemicals, or their precursors; a disease organism; or radiation or radioactivity.)

(“Biological agent” means any microorganism (including bacteria, viruses, fungi, rickettsiae or protozoa), pathogen, or infectious substance, and any naturally occurring, bioengineered, or synthesized component of any such micro-organism, pathogen, or infectious substance, whatever its origin or method of production, that is capable of causing death, disease, or other biological malfunction in a human, an animal, a plant, or another living organism; or deterioration of food, water, equipment, supplies, or materials of any kind; or deleterious alteration of the environment.)

(“A chemical agent, substance, or weapon” means a toxic chemical and its precursors or a munition or device, specifically designed to cause death or other harm through toxic properties of those chemicals that would be released as a result of the employment of such munition or device, and any equipment specifically designed for use directly in connection with the employment of such munitions or devices.)

(“Hazardous material” means a substance or material (including explosive, radioactive material, etiologic agent, flammable or combustible liquid or solid, poison, oxidizing or corrosive material, and compressed gas, or mixture thereof) or a group or class of material designated as hazardous by the Secretary of Transportation.)

Source: Instruction 3a-53-2 · view original on jagcnet.army.mil

NOTE 1. If convicted of only offenses committed on or after 28 December 2023, the judge shall sentence the accused in accordance with the sentencing parameters or criteria, as appropriate, or state reasons for deviating in writing. See RCM 925(c)(2), RCM 1002(a)(2), Appendices 12B (Parameter Table-Confinement Categories), 12C (Offense Category Chart), and 12D (List of Criteria Offenses), 2024 MCM.
Maximum punishment

DD, TF, 10 years, E-1. (Category 3)

Sample specification

In that __________ (personal jurisdiction data) did, (at/on board—location), on or about __________, maliciously (communicate) (convey) certain information concerning an attempt being made or to be made to unlawfully [(kill) (injure) (intimidate) __________] [(damage) (destroy) __________] by means of a(n) [explosive; weapon of mass destruction; biological agent, substance, or weapon; chemical agent, substance, or weapon; and/or (a) hazardous material(s)], to wit: __________, which information was false and which the accused then knew to be false.

Elements

(1) That (state the time and place alleged), the accused communicated or conveyed certain information constituting a threat, to wit: (state the language of the threat alleged);

(2) That the information communicated or conveyed concerned an attempt being made or to be made by means of [(an) explosive(s)] [(a) weapon(s) of mass destruction] [(a) biological or chemical agent(s), substance(s), or weapon(s)] (and) [(a) hazardous material(s)] to unlawfully [(kill) (injure) (state name of the person or people alleged)] [damage or destroy (state the property alleged to be damaged or destroyed)];

(3) That the information communicated or conveyed by the accused was false and that the accused then knew it was false; and

(4) That the communication of the information by the accused was malicious.

Definitions & other instructions

A “threat” means an expressed present determination or intent to kill or injure 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 or property of another person, presently or in the future. Proof that the accused actually intended to kill, injure, damage or destroy is not required.

A communication is ‘‘malicious’’ if the accused believed that the information would probably interfere with the peaceful use of the building, vehicle, aircraft, or other property concerned, or would cause fear or concern to one or more persons.

(“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.)

(“Weapon of mass destruction” means any device, explosive or otherwise, that is intended, or has the capability, to cause death or serious bodily injury to a significant number of people through the release, dissemination, or impact of: toxic or poisonous chemicals, or their precursors; a disease organism; or radiation or radioactivity.)

(“Biological agent” means any microorganism (including bacteria, viruses, fungi, rickettsiae or protozoa), pathogen, or infectious substance, and any naturally occurring, bioengineered, or synthesized component of any such micro-organism, pathogen, or infectious substance, whatever its origin or method of production, that is capable of causing death, disease, or other biological malfunction in a human, an animal, a plant, or another living organism; or deterioration of food, water, equipment, supplies, or materials of any kind; or deleterious alteration of the environment.)

(“A chemical agent, substance, or weapon” means a toxic chemical and its precursors or a munition or device, specifically designed to cause death or other harm through toxic properties of those chemicals that would be released as a result of the employment of such munition or device, and any equipment specifically designed for use directly in connection with the employment of such munitions or devices.)

(“Hazardous material” means a substance or material (including explosive, radioactive material, etiologic agent, flammable or combustible liquid or solid, poison, oxidizing or corrosive material, and compressed gas, or mixture thereof) or a group or class of material designated as hazardous by the Secretary of Transportation.)

Source: Instruction 3a-53-3 · view original on jagcnet.army.mil