Description: Mobile, Alabama criminal defense lawyer represented the Defendant charged with transmitting an interstate threat to injure.

Following his termination from a local construction company, Cloepha Franks sent a series of threatening text messages to his former boss threatening to kill him.

The jury heard evidence that Franks sent the messages from Alabama to the victim who was in Mississippi. Records of the text messages and cell phone records confirmed Franks’ phone transmitted the messages to the victim.

The victim testified about receiving the threats. He and other witnesses from the construction company testified about precautions taken after Franks transmitted the threats and the fear his actions caused. The FBI testified concerning the ongoing threat to life investigation and evidence obtained from Franks’ cell phone and cell phone records.

Franks faces up to 5 years in prison and will be sentenced by U.S. District Judge Kristi K. DuBose in March 2024.

The Interstate Communications Threats Act (18 U.S.C. § 875) is a federal law in the United States that prohibits making threats in interstate or foreign commerce. The law was enacted in 1932 and has been amended several times since then.

What is an interstate threat?

An interstate threat is a threat to injure or kidnap another person, or to damage their property, if the threat is transmitted in interstate or foreign commerce. This means that the threat must be communicated using a means of communication that crosses state or national borders, such as the telephone, the internet, or the mail.

What are the penalties for making an interstate threat?

Making an interstate threat is a felony punishable by up to five years in prison and a fine of up to $250,000. If the threat is made with the intent to extort money or property, the penalty is up to 20 years in prison and a fine of up to $250,000.

What are some examples of interstate threats?

Here are some examples of interstate threats:

Threatening to kill someone over the phone
Threatening to blow up a building in an email
Threatening to post naked pictures of someone on the internet
Threatening to release sensitive information about a company if it does not pay a ransom

Outcome: A federal jury convicted a Mobile man this week for transmitting an interstate threat to injure.

Plaintiff's Experts:

Defendant's Experts:

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