Is threatening someone a crime in the USA?

Yes. Every state criminalizes threats of violence, and federal law (18 U.S.C. §875) makes it a felony to transmit a threat across state lines by phone, text, email, or social media. Our letter puts the sender on written notice that continued threats will be referred for prosecution.

Should I call the police first?

For any credible threat of imminent violence, call 911 immediately. The cease and desist letter is a parallel civil track that creates the paper trail; it does not replace criminal reporting.

What counts as a 'true threat' under the First Amendment?

The U.S. Supreme Court in Counterman v. Colorado (2023) held that a true threat is a statement the speaker made with at least reckless disregard that a reasonable listener would perceive it as a serious expression of intent to harm. Political hyperbole is not covered; direct threats to a specific person are.

Can I get a restraining order for threats?

Yes. Every U.S. state issues civil harassment or stalking protective orders for credible threats of violence. Judges expect to see the cease and desist letter and the recipient's response (or continued threats) as core evidence.

What evidence do I need to preserve?

Screenshots of every threat (with the sender ID and timestamp visible), voicemails saved to a second device, witnesses, and any prior related contacts. Never edit, crop, or alter the originals; forensic authenticity matters for both civil and criminal cases.

What if the threats are online or anonymous?

File an FBI IC3 complaint at ic3.gov, preserve URLs and archive.org snapshots, and consider a subpoena through counsel to unmask the account. Our letter is drafted so it can be served on the individual once identified or on the hosting platform in the meantime.

Letter type

Threats Cease and Desist Letter

A formal written demand that puts a person making threats of violence on notice, satisfies the 'reckless disregard' knowledge element under Counterman v. Colorado, and preserves your record for a criminal referral or protective order.

For U.S. residentsMade in USALast reviewed: January 2026Reviewed by the StopAndDesist legal content team

When to use it

Direct threats of physical harm, property damage, or violence against you or your family, whether by phone, text, email, social media, or in person.

What the letter contains

A chronological quotation of every threat, citation to 18 U.S.C. §875 and your state's criminal-threat and stalking statutes, a written demand that all threats and contact cease immediately, and a clear notice that any further threat will be referred for federal or state prosecution.

Safety planning

Do not deliver the letter in person. Use certified mail and, where available, email. Keep signed copies with a trusted third party. Alert your workplace security and local law enforcement if the threat references your address or workplace.

Next steps

File a police report and, for interstate or online threats, an FBI IC3 complaint. Petition for a civil harassment protective order at your county courthouse and bring the certified-mail receipt as your primary exhibit.

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StopAndDesist provides self-help templates and is not a law firm. This page is information, not legal advice.