Can You Press Charges for Threats: Evidence, Penalties, and Protection

You can report a threat to the police, but you cannot personally press charges. In the American system, “pressing charges for threats” is really shorthand for reporting the crime and cooperating with the investigation. The district attorney or U.S. Attorney then decides whether the evidence supports filing formal charges.¹ The good news for anyone who has been threatened: most states and the federal government treat credible threats of violence as serious offenses. Federal threat charges alone carry up to five years in prison, and with an extortion element the exposure climbs to twenty.²

What Counts as a Criminal Threat

Not every angry statement is prosecutable. To cross from offensive speech into criminal conduct, a threat generally has to communicate an intent to kill or seriously injure someone, be specific enough that a reasonable person would believe it could be carried out, and cause genuine fear in the person on the receiving end.

Intent is the dividing line. In 2023, the Supreme Court held that prosecutors must prove the speaker had at least some awareness their words would be perceived as threatening. The floor is recklessness: the speaker consciously disregarded a substantial risk that the communication would be viewed as a threat of violence.³ The government does not have to prove the speaker specifically wanted to terrify anyone, but it does have to show more than negligence.

Context does a lot of work. Statements that are specific, directed at a particular person, delivered privately, and made by someone with the apparent ability to follow through are far more likely to be treated as true threats than vague or political statements shouted at a crowd.⁴ “You’ll regret this” is ambiguous. “I’m going to be at your house tonight with a gun” is not.

When a threat crosses state lines or travels through the internet, federal law applies. Under 18 U.S.C. § 875(c), transmitting a threat to kidnap or injure another person through interstate or foreign commerce is a federal crime.² Because nearly all electronic communication travels through interstate infrastructure, this covers email, text, social media, and messaging apps even when both parties live in the same state. A separate federal cyberstalking statute, 18 U.S.C. § 2261A, reaches patterns of threatening electronic conduct and extends to threats against a victim’s family members and pets.⁵

How to Report a Threat

Start with local police, either by calling or going to the station in person. File an official report and bring everything you have: screenshots, voicemails, emails, text messages, a list of witnesses, and a written timeline of what happened. Officers will evaluate how specific and severe the threat is and may open an investigation that includes interviewing the person who made it.

If the threat was online or crossed state lines, the case may also fall within federal jurisdiction. You can report online threats to the FBI through its Internet Crime Complaint Center (IC3). Local police often coordinate with federal agencies on cases with interstate elements, so a local report is still the right starting point.

After the investigation, officers send their findings to the prosecutor. That’s the person who decides whether charges get filed. The clearer and better preserved your evidence, the more likely a prosecutor is to move forward. If the threat involves immediate danger, police may act during the investigation itself, including making an arrest or advising you on safety measures.

Evidence That Actually Moves a Case Forward

Without documentation, threat cases often come down to one person’s word against another’s, and prosecutors are reluctant to file on that basis. Save everything in its original form. Screenshot text messages and social media posts right away, because the sender can delete them. Preserve emails with full headers. Don’t delete threatening voicemails. Back up digital evidence in more than one place, such as cloud storage and a physical drive.

Recording a threatening conversation can be powerful, but state wiretapping laws control whether the recording is admissible. Most states allow one-party consent, meaning you can record a conversation you’re part of without telling the other person. A smaller group of states require all parties to consent, and recording without that consent can itself be a crime. Check your state’s rule first, or the recording could be thrown out and you could face charges of your own.

Witnesses who heard the threat or saw its effect on you can corroborate your account. Ask them to write down what they observed while it’s fresh. For online threats, prosecutors sometimes rely on digital forensics to tie the communication to a specific person through IP addresses, account metadata, or device information.

Penalties the Person Could Face

Federal penalties under 18 U.S.C. § 875 depend on what kind of threat was made:

Threat to injure or kidnap, no extortion element: up to five years in prison and a fine.
Threat to kidnap or injure with intent to extort: up to twenty years in prison and a fine.
Extortionate threats targeting property or reputation: up to two years in prison and a fine.²

Threatening a former president, a presidential candidate, or members of their families is a separate federal offense carrying up to five years in prison.⁶

At the state level, criminal threats can be charged as misdemeanors or felonies. Misdemeanor convictions typically carry up to a year in county jail and a fine. Felony convictions can bring several years of state prison time, larger fines, and a permanent record. The line between the two usually depends on whether the threat involved a weapon, whether it targeted a protected group, or whether it caused a significant public disruption such as a building evacuation.

Several circumstances push a charge into more serious territory. Threatening someone because of their race, religion, sexual orientation, disability, or other protected characteristic can trigger hate crime sentencing enhancements. Using or referencing a weapon during the threat, prior convictions for similar offenses, or targeting a law enforcement officer or public official typically elevates the charge or the sentence.

Restraining Orders and Civil Lawsuits

Criminal prosecution is not the only response, and it’s not always the fastest. Even when a prosecutor declines to file, you may have civil options.

A civil harassment restraining order is often the quickest protective tool. You file a petition describing the threatening conduct, and a judge can issue a temporary order within a day or two. A hearing follows within a few weeks, and the judge can extend the order for years. Violating a restraining order is itself a crime and can lead to arrest. Filing fees for non-domestic harassment orders vary by jurisdiction, from nothing to several hundred dollars, and fee waivers are commonly available.

You may also sue. Civil assault does not require physical contact; it covers intentional acts that create a reasonable fear of imminent harmful contact. Raising a fist, displaying a weapon, or cornering someone during a threat can support a civil assault claim regardless of whether anyone was touched. For threats that cause severe psychological harm, a claim for intentional infliction of emotional distress may apply, though courts set a high bar and typically require conduct that is extreme and outrageous, not just upsetting.

Protection Programs for Victims

Several systems exist specifically to protect people who have been threatened, and most are free.

Roughly 44 states and the District of Columbia operate address confidentiality programs. Participants get a substitute mailing address, usually a state-assigned P.O. box, to use for voter registration, driver’s licenses, and other public records. The state forwards mail to the participant’s actual address, which never appears in any public database. Eligibility generally requires being a victim of domestic violence, sexual assault, stalking, or trafficking, and many programs require that the applicant has relocated or plans to relocate to an address unknown to the offender.

If the person who threatened you is arrested, victim notification systems can alert you when their custody status changes. The federal Victim Notification System tracks defendants in federal cases, and VINELink covers state prisons and many local jails. Both send automatic alerts by phone, email, or text when an offender is released, transferred, or escapes.⁷

Every state also operates a crime victim compensation program that can reimburse expenses tied to threats and intimidation, including relocation costs, security improvements like locks and cameras, counseling, and lost wages. Amounts and eligibility rules vary. Your state’s attorney general office or victim services division handles applications.

Why a Case Might Not Result in Charges

Prosecutors sometimes decline threat cases, and understanding why helps you gauge what will happen with yours. The most common obstacle is intent. Since the Supreme Court’s 2023 ruling, the government must show the speaker was at least reckless about how their words would land, and a comment made in obvious jest may not clear that bar.³ Ambiguity is another problem: statements open to multiple readings may not meet the legal definition of a threat.

The First Amendment can also defeat a case when the statement was political rhetoric, artistic expression, or heated public commentary rather than a targeted communication.⁴ Conditional threats can be harder to prosecute too, because tying the threat to a triggering event can undermine the element of unconditional immediacy that some state statutes require. None of this means your report was pointless. A documented report on file matters if the behavior escalates, supports a restraining order petition, and puts law enforcement on notice.

1
Congress.gov. Federal Prosecutorial Discretion: A Brief Overview
2
Office of the Law Revision Counsel. 18 USC 875 – Interstate Communications
3
Justia U.S. Supreme Court Center. Counterman v. Colorado, 600 U.S. ___ (2023)
4
Constitution Annotated. Amdt1.7.5.6 True Threats
5
Office of the Law Revision Counsel. 18 USC 2261A – Stalking
6
Office of the Law Revision Counsel. 18 U.S. Code 879 – Threats Against Former Presidents and Certain Other Persons
7
Office for Victims of Crime. Victim Notification