cvaldez1975
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Re: the death threats:
422 PC states that “any person who willfully threatens to commit a crime which will result in death or great bodily injury to another person, with the specific intent that the statement, made verbally, in writing, or by means of an electronic communication device, is to be taken as a threat, even if there is no intent of actually carrying it out, which, on its face and under the circumstances in which it is made, is 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, and thereby causes that person reasonably to be in sustained fear for his or her own safety or for his or her immediate family’s safety, shall be punished by imprisonment in the county jail not to exceed one year, or by imprisonment in the state prison.
A criminal threat is when you threaten to kill or physically harm someone and
Criminal threats can be charged whether or not you have the ability to carry out the threat…and even if you don’t actually intend to execute the threat.
- that person is thereby placed in a state of reasonably sustained fear for his/her safety or for the safety of his/her immediate family,
- the threat is specific and unequivocal and
- you communicate the threat verbally, in writing, or via an electronically transmitted device.1
Penal Code 422 PC - Criminal Threats - California Law
https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=422.&lawCode=PEN
Law section
https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=422.&lawCode=PEN
Re: California Adoption Statutes and Administrative Code:
State Statutes Search - Child Welfare Information Gateway
in my correction days this was usually a companion charge to DV (273.5a pc)