What are the elements of a violation of section 422 of the California Code of Civil Procedure, section 422(1) of the Criminal Code, and what is the test for that violation?

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.)

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