What is the test for making a credible threat in a stalking case?

California, United States of America


The following excerpt is from People v. Ruhlman, E069019 (Cal. App. 2018):

An essential element of the crime of stalking is whether the victim reasonably feared for his or her safety, as opposed to whether the defendant made verbal threats, or whether he intended to carry out a threat of harm. The statute defines "credible threat" as a verbal or written threat, "or a threat implied by a pattern of conduct or a combination of verbal, written, or electronically communicated statements and conduct, made with the intent to place the person that is the target of the threat in reasonable fear for his or her safety." (Pen. Code, 646.9, subd. (g).) Thus, evidence of other acts of stalking is relevant and admissible to show defendant's intent, which supports the reasonableness of the victim's fear. (People v. Ogle (2010) 185 Cal.App.4th 1138, 1141.)

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