Description
The crime of Criminal Threats, formerly known as “”terrorist threats””, is to willfully threaten to commit a crime which will result in death or great bodily injury to another person. Whether made verbally, in writing, or by means of an electronic communication device, intent is taken as a threat, even if the threat is not actually carried out. Examples of Criminal Threats is threatening someone who owes you money that you will set fire to their house or threatening to shoot another person while you are holding a gun or promising revenge to a boss upon notice of termination.
What does the prosecutor have to prove?
1. Defendant willfully threatened to commit a crime resulting in death or great bodily injury to Victim.
2. Defendant made the threat with the specific intent that the statement, made verbally, in writing, or by means of an electronic communication device, be taken as a threat.
3. Defendant may or may not have had an intent of actually carrying out the threat.
4. The threatening statement on its face, and under the circumstances in which it was made, was so unequivocal, unconditional, immediate, and specific as to convey to the Victim a gravity of purpose and an immediate prospect of execution.
5. The threatening statement caused the Victim to reasonably be in sustained fear for his or her own safety or for his or her immediate family’s safety . [Cal Crim No. 1300]
Punishment
Felony: 16months/2years/3years
With probation 0-364 days
Misdemeanor: 0-364 days