What is the test for making a threat against someone who has committed a crime that will result in death or great bodily injury?

California, United States of America


The following excerpt is from People v. Rivera, A151733 (Cal. App. 2019):

crime that will result in death or great bodily injury; (2) the defendant made the threat with specific intent that the statement was to be taken as a threat, even if there was no intention of carrying it out; (3) the threat on its face and under the circumstances was 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) 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) the threatened person's fear was reasonable under the circumstances. (People v. Toledo (2001) 26 Cal.4th 221, 227-228 (Toledo).)

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