California, United States of America
The following excerpt is from People v. Hammond, F064020 (Cal. App. 2013):
In addition, the evidence had a tendency to demonstrate defendant's state of mind during the crimes. To establish a violation of section 422, the prosecution must prove, among other things, "that 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.'" (People v. Toledo (2001) 26 Cal.4th 221, 228.) "A defendant's intent is rarely susceptible of direct proof, and may be inferred from the facts and circumstances surrounding the offense." (People v. Felix (2009) 172 Cal.App.4th 1618, 1624.)
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