What is the test for making a credible threat?

California, United States of America


The following excerpt is from People v. Wong, B290127 (Cal. App. 2019):

"Section 646.9 does not require that the defendant actually intend to carry out the threat. It is enough that the threat causes the victim reasonably to fear for her safety or the safety of her family, and that the accused makes the threat with the intent to cause the victim to feel that fear. [Citation.] In addition, in determining whether a threat occurred, the entire factual context, including the surrounding events and the reaction of the listeners, must be considered." People v. Falck (1997) 52 Cal.App.4th 287, 297-298.

"The 'credible threat' element is statutorily defined as a threat 'made with the apparent ability to carry out the threat so as to cause the person who is the target of the threat to reasonably fear for his or her safety . . . .' ( 646.9, subd. (g).)" (People v. Zavala (2005) 130 Cal.App.4th 758,

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