United States v. Rapert

Judge STUCKY,

with whom Judge RYAN joins, dissenting.

As a general rule, “a guilty mind is. ‘a necessary element in the indictment and proof of every crime.’” Elonis v. United States, — U.S. -, 135 S.Ct. 2001, 2009, 192 L.Ed.2d 1 (2015) (quoting United States v. Balint, 258 U.S. 250, 251, 42 S.Ct. 301, 66 L.Ed. 604 (1922)); accord United States v. Thomas, 65 M.J. 132, 133 (C.A.A.F.2007). The majority concludes that the term “wrongful,” as used in the third element of the offense of communicating a threat, has always required that an accused possess a guilty mind. United States v. Rapert, 75…