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:
- The defendant willfully threatened to unlawfully kill or unlawfully cause great bodily injury to the victim or the victim’s immediate family
- The defendant made the threat (orally/in writing/by electronic communication device)
- The defendant intended that his or her statement be understood as a threat and intended that it be communicated to the victim
- 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
- 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
- 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.
