(c) Whoever transmits in interstate or foreign commerce any communication containing any threat to kidnap any person or any threat to injure the person of another, shall be fined under this title or imprisoned not more than five years, or both.Baker is accused of violating 875(c) by the posting and e-mailing of violent sex fantasies and messages which discussed kidnapping and rape in a positive light.1 Charges were eventually dismissed against Baker on the basis that all three elements of the law were not met.2 The court stated that Baker’s communciations lacked an “unequivocal, unconditional and specific expression of intention immediately to inflict injury,...[and that] the class of potential targets...is far too vague.”3
2 Kosseff, Jeffrey. “Court panel dismiss Baker Case.” The Michigan Daily Online. January 30, 1997. Accessed on 3/14/99. http://www.pub.umich.edu/daily/1997/jan/01-30-97/news/news1.html
3 “United States vs. Jake Baker.” ic.net. June 21, 1995. Accessed on 3/11/99. http://ic.net/~sberaha/baker.html.