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

"In order to prove a violation of section 422, the prosecution must establish . . . : (1) that the defendant 'willfully threaten[ed] to commit a crime which will result in death or great bodily injury to another person,' (2) 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,' (3) that the threatwhich may be 'made verbally, in writing, or by means of an electronic communication device'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) that 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) that the threatened person's fear was 'reasonabl[e]' under the circumstances." (People v. Toledo (2001) 26 Cal.4th 221, 227-228 (Toledo).)

"[A]ll of the surrounding circumstances should be taken into account to determine if a threat falls within the proscription of section 422[,] . . . [including] subsequent actions taken by the defendant." (People v. Solis (2001) 90 Cal.App.4th 1002, 1013 (Solis).) Accordingly, "a statement the victim does not initially consider a threat can later be seen that way based upon a subsequent action taken by a defendant . . . ." (Id. at p. 1014.)

2. Analysis