In a case that has sent shockwaves through Colorado and beyond, TikToker Daniel Larson finds himself at the center of a federal investigation that spans multiple alleged threats and crosses state lines. The United States District Court for the District of Colorado has levied serious charges against Larson, painting a picture of a months-long campaign of terror that targeted various institutions across the nation.
Please note that indictments are not convictions, and this information may be subject to change.
Key Takeaways
- Daniel Larson faces seven federal counts, including six for use or threatened use of explosives and one for interstate communication of threats.
- The alleged threats targeted various locations, including government buildings, educational institutions, and federal agencies.
- Larson's case highlights the intersection of social media, criminal law, and mental health issues.
- The outcome of this case could have significant implications for how online threats are handled in the future.
The Indictment
On April 25, 2024, the United States District Court for the District of Colorado issued an indictment against Daniel Larson in Criminal Case No. 24-cr-130-RMR. The Grand Jury charged Larson with seven counts of federal offenses, primarily related to threats involving explosives and interstate communications.
Daniel Larson faces a total of seven federal counts:
- Six counts of use or threatened use of explosives (18 U.S.C. § 844(e))
- One count of interstate communication of threats (18 U.S.C. § 875(c))
These charges are the result of an investigation into multiple threats allegedly made by Larson through TikTok and YouTube between July 2023 and March 2024.
Detailed Breakdown of the Indictment
Count 1: July 3, 2023 Threat
The first count alleges that on or about July 3, 2023, Larson used an instrument of interstate commerce to willfully make a threat concerning an attempt to damage or destroy a county courthouse in Colorado by means of an explosive.
Count 2: August 7, 2023 Threat
The second count relates to a similar threat made on August 7, 2023, this time targeting a nonprofit center in Lakewood, Colorado.
Count 3: August 29, 2023 Threat
Count three involves a threat made on August 29, 2023, directed at the White House.
Counts 4 and 5: September 26, 2023 Threats
On September 26, 2023, Larson allegedly made two separate threats:
- Against a state government building in Colorado
- Targeting a particular college campus in Colorado
Count 6: December 25, 2023 Threat
The sixth count differs from the others in that it falls under a separate statute. On December 25, 2023, Larson is accused of knowingly transmitting in interstate commerce a communication containing a threat to injure a specific FBI special agent.
Count 7: March 23, 2024 Threat
The final count alleges that on March 23, 2024, Larson made a threat concerning an attempt to damage or destroy the FBI headquarters.
Legal Analysis of the Charges
18 U.S.C. § 844(e): Use or Threatened Use of Explosives
Six of the seven counts against Larson fall under this statute. To secure a conviction, prosecutors must prove beyond a reasonable doubt that Larson:
- Used an instrument of interstate commerce
- Willfully made a threat or maliciously conveyed false information
- Knew the information to be false
- The threat or false information concerned an attempt to damage or destroy a building or other property by means of an explosive
Key Elements:
- Interstate Commerce: The prosecutors are alleging that the use of social media platforms like TikTok and YouTube satisfies this element, as these services operate across state lines.
- Willfulness: Prosecutors must demonstrate that Larson acted with intent, not merely recklessly or negligently.
18 U.S.C. § 875(c): Interstate Communication of Threats
The sixth count falls under this separate statute. To prove this charge, prosecutors must establish that Larson:
- Knowingly transmitted a communication in interstate or foreign commerce
- The communication contained a threat to injure another person
Key Elements:
- Knowingly: This implies that Larson was aware of the threatening nature of his communication.
- Interstate Commerce: Again, the use of social media likely satisfies this element.
- Threat to Injure: The specific nature of the threat against an FBI agent distinguishes this count from the others.
Potential Defenses and Legal Challenges
First Amendment Considerations
Larson's defense team may argue that some of the alleged threats were protected speech under the First Amendment. However, true threats are not protected, and the specific nature of Larson's alleged statements may make this defense challenging.
Intent and Knowledge
The defense might contest whether Larson truly intended his statements as threats or if he knew the information was false. This could involve presenting evidence of Larson's state of mind or arguing that the statements were hyperbole or jokes.
Interstate Commerce Clause
While the use of social media likely satisfies the interstate commerce element, the defense might challenge this aspect, particularly if any of the communications were solely intrastate.
Specificity of Threats
The defense may argue that some of the alleged threats were too vague or generalized to constitute true threats under the law.
Procedural Aspects of the Case
Pre-Trial Detention
Daniel Larson has been removed from Boulder and is currently confined to a federal jail awaiting trial. This suggests that the court considers him either a flight risk or a danger to the community, or both.
Prosecution Team
The case is being prosecuted by Assistant U.S. Attorney Alison Connaughty from the U.S. Attorney's Office in Denver. The involvement of a federal prosecutor underscores the seriousness with which the government is treating these charges.
Potential Penalties
If convicted, Larson faces severe penalties:
- Each count under 18 U.S.C. § 844(e) carries a maximum sentence of 10 years in prison.
- The charge under 18 U.S.C. § 875(c) is punishable by up to 5 years in prison.
Given the multiple counts, if convicted on all charges, Larson could potentially face decades in federal prison.
Implications of the Case
Social Media and Criminal Liability
This case highlights the growing intersection between social media use and criminal liability. It serves as a stark reminder that online threats can lead to serious federal charges, even if the individual never intended to carry out the threats.
Prosecutorial Focus on Threats
The multiple charges against Larson for similar offenses over an extended period suggest a concerted effort by federal prosecutors to address perceived threats, particularly those targeting government institutions.
Balancing Security and Free Speech
The case raises important questions about where to draw the line between protected speech and criminal threats, particularly in the context of social media where hyperbole and exaggeration are common.
