What is the test for making a threat under section 422 of the California Criminal Code?

California, United States of America


The following excerpt is from People v. Ramos, (Cal. App. 2013):

The appellate court noted that section 422 is comprised of four elements: "[T]he People were required to show: (1) [Ricky] willfully threatened to commit a crime that would result in death or great bodily injury; (2) he made the threat with the specific intent that it be taken as a threat; (3) the threat, on its face and under the circumstances in which it was made, 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; and (4) the threat caused the person threatened reasonably to be in sustained fear for his own safety. ( 422; People v. Melhado (1998) 60 Cal.App.4th 1529, 1536.)"

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