California, United States of America
The following excerpt is from The People v. Hernandez, A126061, No. SCR552810 (Cal. App. 2011):
"(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 threat which 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. (Citation.)" (People v. Toledo (2001) 26 Cal.4th 221, 227-228.)
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