What constitutes an "immediate" threat under section 422 of the California Criminal Code, and what is the test for such a threat?

California, United States of America


The following excerpt is from People v. Morales, A143465 (Cal. App. 2016):

" '[A] threat is sufficiently specific where it threatens death or great bodily injury.' " (People v. Wilson (2010) 186 Cal.App.4th 789, 816.) It need not " 'communicate a time or precise manner of execution, [as] section 422 does not require those details to be expressed.' " (Ibid.) An "immediate" threat is one with a "degree of seriousness and imminence which is understood by the victim to be attached to the future prospect of the threat being carried out . . . ." (Id. at p. 816, original italics.)

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