Posted On: October 23, 2009
CALIFORNIA CRIMINAL THREATS: ATTEMPTED CRIMINAL THREATS AND REASONABLENESS OF THE VICTIM'S FEAR
ATTEMPTED CRIMINAL THREATS AND REASONABLENESS OF THE VICTIM'S FEAR
In order to violate California Penal Code sec. 422, criminal threats, the victim must be in
reasonable fear for his or her safety. The defendant here was charged and convicted of attempted 422. But the judge failed to instruct the jury that it must be reasonable for the victim to have suffered fear as a result of the threat. The California Attorney General argues that reasonableness isn't required for attempted Penal Code sec. 422. The Court of Appeal disagrees. They reverse for failure to properly instruct the jury.
People v. Jackson; 2009 DJ DAR 15090; DJ, 10/23/09; C/A 6th
