What is the test for willfully threatening to commit a crime which will result in death or great bodily injury to another person?

Section 422, subdivision (a) makes it unlawful to willfully threaten "to commit a crime which will result in death or great bodily injury to another person, with the specific intent that the statement . . . be taken as a threat, even if there is no intent of actually carrying it out . . . ." To prove a violation, the prosecution must establish all of the following elements: (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 . . . is to be taken as a threat, even if there is no intent of actually carrying it out,' " (3) 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) 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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