What is the test for making a threatening statement to a person?

California, United States of America


The following excerpt is from People v. Marwaha, E055979 (Cal. App. 2013):

specific as to convey to the person threatened a gravity of purpose and an immediate prospect of execution of the threat; (4) the threatening statement actually caused the other person to be in sustained fear of his or her own safety or for the safety of his or her immediate family; and (5) the threatened person's fear was reasonable under the circumstances. (People v. Toledo (2001) 26 Cal.4th 221, 227-228; People v. Butler (2000) 85 Cal.App.4th 745, 753.)

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