presumption in favor of a scienter requirement
should apply to each of the statutory elements that criminalize
otherwise innocent conduct.” X-Citement Video, 513
U. S., at 72 (emphasis added). The parties agree that a
defendant under Section 875(c) must know that he is
transmitting a communication. But communicating something
is not what makes the conduct “wrongful.” Here
“the crucial element separating legal innocence from
wrongful conduct” is the threatening nature of the communication.
Id., at 73. The mental state requirement
must therefore apply to the fact that the communication
contains a threat.