Criminal Threats, Penal Code 422
If you have been charged with Criminal Threats, contact Los Angeles Criminal
Defense Attorney, Robert M. Bernstein today.
Penal Code § 422. 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