What is the test for making a criminal threat against a classmate?

California, United States of America


The following excerpt is from People v. T.J. (In re T.J.), D068208 (Cal. App. 2016):

The juvenile court found true the allegation that then-13-year-old T.J. made a criminal threat (Pen. Code, 422)1 by placing a "hit list" in his middle school classmate's backpack. On appeal, T.J. challenges the sufficiency of the evidence supporting the true finding, contending the victim did not suffer "sustained fear" as required by section 422. T.J. further contends the juvenile court erred by admitting statements he made to police because he was subjected to custodial interrogation without first being advised of his rights under Miranda v. Arizona (1966) 384 U.S. 436 (Miranda). We affirm.

Other Questions


Is there any case law where a properly instructed jury would have acquitted defendant of criminal threat but convicted her of making criminal threat? (California, United States of America)
Does section 654 of the California Criminal Code apply to a criminal threat enhancement attached to the criminal threats charge? (California, United States of America)
Does Section 186.22, subdivision of the Criminal Code, make it a felony for actively participate in a criminal street gang with knowledge that its members engage in or have engaged in a pattern of criminal gang activity? (California, United States of America)
Can a defendant who makes a threat to set fire to a building where the victim works after making the threat? (California, United States of America)
Does section 654 of the California Criminal Code prohibit punishment for both making a criminal threat and an attempted extortion? (California, United States of America)
What is the test for making a criminal threat under section 422 of the California Criminal Code? (California, United States of America)
Does a court err by failing to instruct on attempted criminal threat as a lesser included offense of criminal threat? (California, United States of America)
Is there any case law where an in-custody defendant has been convicted of making a criminal threat under section 422 of the Criminal Code? (California, United States of America)
Can a defendant who made a threat to set fire to a building after making the threat, setting fire to the victim's workplace after the threat was made? (California, United States of America)
Does a court err by failing to instruct on attempted criminal threat as a lesser included offense of criminal threat? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.