Is an individual subject to criminal punishment under section 422 of the California Penal Code for an alleged threat to kill?

is subject to the criminal punishment set forth in that provision, and this language on its face thus includes those who attempt to commit the crime of criminal threat set forth in section 422." ( toledo, supra, 26 cal.4th at p. 230, 109 cal.rptr.2d 315, 26 P.3d 1051.) Section 21a provides that "[a]n attempt to commit a crime consists of two elements: a specific intent to commit the crime, and a direct but ineffectual act done toward its commission." "Under the provisions of [Penal Code] section 21a, a defendant properly may be found guilty of attempted criminal threat whenever, acting with the specific intent to commit the offense of criminal threat, the defendant performs an act that goes beyond mere preparation and indicates that he or she is putting a plan into action." ( Toledo, at p. 230, 109 Cal.Rptr.2d 315, 26 P.3d 1051.) "In other words, we have explained, the act must represent "some appreciable fragment of the crime." " ( People v. Watkins (2012) 55 Cal.4th 999, 1021, 150 Cal.Rptr.3d 299, 290 P.3d 364.)