What is the test for a charge of making a threat to kill a person?
California, United States of America
The following excerpt is from People v. Jackson, C060435 (Cal. App. 2/18/2010), C060435. (Cal. App. 2010):
Among other things, the prosecution must prove 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 . . . that the threatened person's fear was `reasonabl[e]' under the circumstances." (People v. Toledo (2001) 26 Cal.4th 221, 227-228.)
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