California, United States of America
The following excerpt is from People v. Marks, B278445 (Cal. App. 2017):
injury to another person,'" (2) "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) "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) "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 'reasonabl[e]' under the circumstances." (People v. Toledo (2001) 26 Cal.4th 221, 227-228; 422, subd. (a).)
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