Does Section 667.5 of the California Penal Code need to substitute "fear of immediate and unlawful injury" for "threat of great bodily harm"?

California, United States of America


The following excerpt is from People v. Mena, 206 Cal.App.3d 420, 254 Cal.Rptr. 10 (Cal. App. 1988):

Subdivisions (c)(4) and (c)(5) of section 667.5 were amended in 1985 to substitute "fear of immediate and unlawful bodily injury on the victim or another person" for "threat of great bodily harm." (Stats.1985, ch. 402, 1; see People v. Riffey (1985) 171 Cal.App.3d 419, 217 Cal.Rptr. 319.) These amendments are not germane to the issues before us.

12 See Statutes 1981, chapter 1064, section 1, page 4093.

** See footnote *, ante.

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