California, United States of America
The following excerpt is from People v. Reyes, B253550 (Cal. App. 2015):
7. The elements of a violation of section 422 are: (1) "the defendant 'willfully threaten[ed] to commit a crime which will result in death or great bodily injury to another person'"; (2) "the defendant made the threat with the specific intent that the statement . . . be taken as a threat, even if there was no intent actually to carry it out"; (3) "the threat . . . was 'on its face, and under the circumstances in which it [was] made, . . . 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 caused 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 was 'reasonabl[e]' under the circumstances." (People v. Toledo (2001) 26 Cal.4th 221, 227-228.)
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.