Criminal Threats Prosecution – California Penal Code Section 422

To prove that the defendant is guilty of having made a criminal threat under California Penal Code Section 422, the prosecution must prove that:

1. The defendant willfully threatened to unlawfully kill or unlawfully cause great bodily injury to the victim or the victim’s immediate family
2. The defendant made the threat (orally/in writing/by electronic communication device)
3. The defendant intended that his or her statement be understood as a threat and intended that it be communicated to the victim
4. The threat was so clear, immediate, unconditional, and specific that it communicated to the victim a serious intention and the immediate prospect that the threat would be carried out
5. The threat actually caused the victim to be in sustained fear for his or her own safety or for the safety of his or her immediate family AND
6. The victim’s fear was reasonable under the circumstances

To do something willfully means to do something willingly or on purpose.

In deciding whether a threat was clear, immediate, unconditional, and specific, the words used and the surrounding circumstances will be considered.

Someone who makes a threat does not have to intend to actually carry out the threat to be found guilty.

Sustained fear means for a period of time that is more than momentary, fleeting, or transitory.

An immediate ability to carry out the threat does not need to be proven.