Posted On: January 14, 2010
CALIFORNIA CRIMINAL LAW: WHAT CONSTITUTES A CRIMINAL OR "TERRORIST" THREAT?
CRIMINAL THREATS
This California Court of Appeal examines a California Penal Code sec. 422 (criminal threats) case. I don't know why they expended the energy. It seems clear to me there was a criminal or terrorist threat here. But anyway, here goes:
The defendant said, "I will kill you right now," and displayed a weapon. The California Court of Appeal thinks this is enough. This is a willful threat to commit a crime that will result in
death or great bodily injury; these facts show specific intent; the threat was unequivocal, unconditional, and immediate; and the threat caused sustained, reasonable fear. Yep, I agree.
People v. Fierro; 2010 DJ DAR 525; DJ, 1/13/10; C/A 2nd, Div. 8
