What is the test for a person to be found guilty of a charge of making a threat against someone who is not a witness?

California, United States of America


The following excerpt is from People v. T.J. (In re T.J.), D068208 (Cal. App. 2016):

threat,' (4) 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 (5) that the threatened person's fear was 'reasonabl[e]' under the circumstances." (People v. Toledo (2001) 26 Cal.4th 221, 227-228, brackets and ellipses in original, italics added; 422.)4 T.J. challenges only the sufficiency of the evidence supporting the fourth elementthat Jacob was in "sustained fear for his . . . own safety." ( 422, subd. (a).)

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