What is the test for making a threat with specific intent to be taken as a threat?

California, United States of America


The following excerpt is from People v. Lemus, B268980 (Cal. App. 2017):

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 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) 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. [Citation.]"4 (People v. Toledo (2001) 26 Cal.4th 221, 227-228.)

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