What is the test for making a criminal threat?

In People v. Toledo (2001) 26 Cal.4th 221, 109 Cal.Rptr.2d 315, 26 P.3d 1051 (Toledo), we made clear that not all threats are criminal and enumerated the elements necessary to prove the offense of making criminal threats under section 422. The prosecution must prove "(1) that the defendant `willfully threaten[ed] to commit a crime which will result in death or great bodily injury to another person,' (2) that the defendant made the threat `with the specific intent that the statement ... is to be taken as a threat, even if there is no intent of actually carrying it out,' (3) that the threatwhich may be `made verbally, in writing, or by means of an electronic communication device'was `on its face and under the circumstances in which it [was] made, ... so unequivocal, unconditional, immediate, and specific as to convey to the person threatened, a gravity of purpose and 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." (Toledo, supra, 26 Cal.4th at pp. 227-228, 109 Cal.Rptr.2d 315, 26 P.3d 1051, citing People v. Bolin (1998) 18

[16 Cal.Rptr.3d 68]

Cal.4th 297, 337-340 & fn. 13, 75 Cal.Rptr.2d 412, 956 P.2d 374.)⁶

[16 Cal.Rptr.3d 68]