United States v. Alkhabaz Case Brief Summary | Law Case Explained
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United States v. Alkhabaz | 104 F.3d 1492 (1997)
Many people occasionally think about harming another. But few people act on those thoughts. In United States versus Alkhabaz, we explore the point at which criminal liability becomes appropriate.
Between November of 1994 and January of 1995, Michigan resident Abraham Jacob Alkhabaz, also known as Jake Barker, exchanged emails with Ontario resident Arthur Gonda. The emails described each party’s sexual interest in torturing and raping women and young girls.
A federal grand jury indicted, or charged, Alkhabaz with violating a federal statute that prohibited interstate communications containing threats to kidnap or physically harm another person. Alkhabaz moved to quash the indictment, arguing that the emails didn’t constitute true threats.
The district court agreed with Alkhabaz and dismissed the indictment. The government appealed to the Sixth Circuit.
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