What is the test for making an unequivocal, unconditional, immediate, unconditional and specific threat of imminent execution of a threat?

California, United States of America

The following excerpt is from People v. Hart, E072352 (Cal. App. 2021):

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

"The most advanced legal research software ever built."

Try it today free of charge!

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.

Other Questions

What is the test for making an unequivocal, unconditional, immediate, unconditional and specific threat to a person who is under threat of execution? (California, United States of America)

What is the test for determining whether a threat to kill was sufficiently unequivocal, unconditional, immediate and specific? (California, United States of America)

Can a defendant who makes a threat to set fire to a building where the victim works after making the threat? (California, United States of America)

What is the test for making a threat with specific intent to be taken as a threat? (California, United States of America)

Can a defendant who makes a threat to kill a witness or crime victim under section 139, subd. 139, make a specific intent crime? (California, United States of America)

Can a defendant who made a threat to set fire to a building after making the threat, setting fire to the victim's workplace after the threat was made? (California, United States of America)

Is there any case law where a defendant has been convicted of a charge of making threats to kill or make a threat to kill? (California, United States of America)

What is the test for making a threat to kill someone's immediate family members? (California, United States of America)

Can a prosecutor make an election in a criminal threat case where there is only one threat? (California, United States of America)

Can a defendant be sentenced for both making a threat and dissuading a witness based upon the same threat? (California, United States of America)

What is the test for making an unequivocal, unconditional, immediate, unconditional and specific threat of imminent execution of a threat?

"The most advanced legal research software ever built."

Other Questions

Trusted by top litigators from across North America.

Company

Product

Resources