California, United States of America
The following excerpt is from The People v. Quadra, A123922, No. SCR530344 (Cal. App. 2010):
In order to violate section 422, one must: "... "willfully threaten[] to commit a crime which will result in death or great bodily injury to another person," (2) ma[k]e the threat "with the specific intent that the statement... is to be taken as a threat...," (3)... the threat... [,] "on its face and under the circumstances in which it [is made, is] 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 cause[s] 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 [is] "reasonabl[e]" under the circumstances.' [Citation.]" (People v. Maciel (2003) 113 Cal.App.4th 679, 682-683.)
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