What is the test for making a threat to kill someone's immediate family members?

California, United States of America


The following excerpt is from People v. Luft, E067082 (Cal. App. 2019):

"[t]he statute provides two alternative means by which the victim's fear could manifest itselffear for oneself or fear for one's immediate family members." (People v. Wilson (2015) 234 Cal.App.4th 193, 201.) Put another way, the victimthe "person threatened"is the one who hears the threat and suffers the "sustained fear." ( 422, subd. (a).) But the statute's requirement of "another person" whom the perpetrator slates for "death or great bodily injury" may be the victim or the victim's immediate family. (Ibid.; see People v. Wilson, supra, at pp. 197-199 [the defendant charged and convicted under 422 for threatening the victim with death to the victim's kids and family].) Immediate family includes the victim's children. ( 422, subd. (b).)

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