California, United States of America
The following excerpt is from People v. Orloff, 2 Cal.App.5th 947, 206 Cal.Rptr.3d 755 (Cal. App. 2016):
Appellant claims that the evidence is insufficient to support his conviction of making a criminal threat in violation of section 422. To prove this crime, the prosecution must establish all of the following: (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 threat ... 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. [Citation.] (People v. Toledo (2001) 26 Cal.4th 221, 227228, 109 Cal.Rptr.2d 315, 26 P.3d 1051.)
[206 Cal.Rptr.3d 761]
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