What is the test for determining whether a person who makes a threat to kill has been found to be in sustained fear?
California, United States of America
The following excerpt is from People v. Spencer, E070520 (Cal. App. 2019):
threatened, a gravity of purpose and an immediate prospect of execution of the threat,' (4) that the threat actually caused the person threatened 'to be in sustained fear for his or her own safety or for his or her immediate family's safety,' and (5) that the threatened person's fear was 'reasonabl[e]' under the circumstances." (People v. Toledo (2001) 26 Cal.4th 221, 227-228, italics added.)
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