Is it a crime to intentionally make a threat under section 422 of the California Criminal Code to commit a crime which will result in death or great bodily injury to another person?

California, United States of America


The following excerpt is from People v. Murphy, F069891 (Cal. App. 2016):

Section 422 makes it a crime to "willfully threaten[] to commit a crime which will result in death or great bodily injury to another person, with the specific intent that the statement ... 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 . . . ." ( 422, subd. (a).) The statute "was not enacted to punish emotional outbursts[;] it targets only those who try to instill fear in others." (People v. Felix (2001) 92 Cal.App.4th 905, 913.) Appellant attempts to connect the latter principle to the argument that he did not intend to "inflict serious evil on his parents." However, the intent to carry out a threat is not an element of the offense. (People v. Butler (2000) 85 Cal.App.4th 745, 759.)

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