What is the test for determining whether a person who has made a threat to kill someone has a right to bodily harm?
California, United States of America
The following excerpt is from People v. Reading, F068602 (Cal. App. 2016):
an immediate prospect of execution of the 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. [Citation.]" (People v. Toledo (2001) 26 Cal.4th 221, 227-228 (Toledo).)
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