If you have been arrested for the crime of Criminal Threats, call experienced criminal defense lawyer Max Gorby at (323) 477-2819.

California Penal Code section 422 PC – Criminal Threats – “Any person who willfully threatens to commit a crime which will result in death or great bodily injury to another person, with the specific intent that the statement, made verbally, in writing, or by means of an electronic communication device, is to be taken as a threat, even if there is no intent of actually carrying it out, which, on its face and under the circumstances in which it is made, is so unequivocal, unconditional, immediate, and specific as to convey to the person threatened, a gravity of purpose and an immediate prospect of execution of the threat, and thereby causes that person reasonably to be in sustained fear for his or her own safety or for his or her immediate family’s safety, shall be punished by imprisonment in the county jail not to exceed one year, or by imprisonment in the state prison. For the purposes of this section, “immediate family” means any spouse, whether by marriage or not, parent, child, any person related by consanguinity or affinity within the second degree, or any other person who regularly resides in the household, or who, within the prior six months, regularly resided in the household. “Electronic communication device” includes, but is not limited to, telephones, cellular telephones, computers, video recorders, fax machines, or pagers. “Electronic communication” has the same meaning as the term defined in Subsection 12 of Section 2510 of Title 18 of the United States Code.”

 

California Jury Instructions, Criminal, “CALJIC” 9.94 – Criminal threats. (“Every person who willfully threatens to commit a crime which will result in death or great bodily injury to another person, with the specific intent that the statement made verbally, in writing, or by means of an electronic communication device, is to be taken as a threat, even if there is no intent of actually carrying it out, which threat, on its face and under the circumstances in which it is made, is so unequivocal, unconditional, immediate, and specific as to convey to the person threatened, a gravity of purpose and an immediate prospect of execution of the threat, and thereby causes that person reasonably to be in sustained fear for his or her own safety or for his or her immediate family’s safety, is guilty of a violation of Penal Code section 422, a crime. [“Great bodily injury” means significant or substantial bodily injury or damage. It does not refer to trivial, insignificant, or moderate injury or harm.] [“Immediate family” means any spouse, whether by marriage or not, parent, child, __________, or any other person who regularly resides in the household, or who, within the prior six months, regularly resided in the household.] [“Electronic communication device” includes, but is not limited to, telephones, cellular telephones, computers, video recorders, fax machines, or pagers.] The term “sustained fear” means a period of time that extends beyond what is momentary, fleeting, or transitory. There are different degrees of unconditionality. A threat which may appear conditional on its face can be unconditional under the circumstances. Conditional threats are true threats if their context reasonably conveys to the victim that they are intended. The word “immediate” means that degree of seriousness and imminence which is understood by the victim to be attached to the future prospect of the threat being carried out, should the conditions not be met. In order to prove this crime, each of the following elements must be proved: 1 A person willfully threatened to commit a crime which if committed would result in death or great bodily injury to another person; 2 The person who made the threat did so with the specific intent that the statement be taken as a threat; 3 The threat was contained in a statement that was made verbally, in writing, or by means of an electronic communication device; 4 The threatening statement on its face, and under the circumstances in which it was made, was so unequivocal, unconditional, immediate, and specific as to convey to the person threatened, a gravity of purpose and an immediate prospect of execution of the threat; and 5 The threatening statement caused the person threatened reasonably to be in sustained fear [for [his] [or] [her] own safety] [or] [for [his] [or] [her] immediate family’s safety]. It is immaterial whether the person who made the threat actually intended to carry it out.”)

Please contact Attorney Max Gorby at (323) 477-2819 regarding any questions related to California Penal Code section 422 PC – Criminal Threats