California Penal Code Section 422

Ab 109 effective april 4 2011.

California penal code section 422. In addition a criminal threat is a strike offense and applied to california s three strike laws. Under california penal code 422 pc it is a crime to make criminal threats to harm or kill another person. Ca penal code 422 2017 a 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.

Under california penal code section 422 pc it is illegal to make criminal threats. Contact us today to obtain a free case evaluation and evaluate your options. Violation of penal code 422 is a serious felony.

For more detailed codes research information including annotations and citations please visit westlaw. Constitution this right does not include the right to threaten other people with violence and put them in fear for their safety. A no person whether or not acting under color of law shall by force or threat of force willfully injure intimidate interfere with oppress or threaten any other person in the free exercise or enjoyment of any right or privilege secured to him or her by the constitution or laws of this state or by the constitution or laws of the united states in whole or in part because of one or more of the actual or perceived characteristics of the victim listed in subdivision a of section 422 55.

While people are afforded broad freedom of speech rights under the first amendment to the u s. A felony conviction carries a sentence of 2 3 or 4 years in state prison. C the person charged with a crime under this section has been convicted previously of a violation of subdivision a or b of section 422 6 or has been convicted previously of a conspiracy to commit a crime described in subdivision a or b of section 422 6.

Penal code 422 a is a wobbler permitting the prosecutor to exercise their discretion to charge you with either a felony or misdemeanor. Read this complete california code penal code pen 422 on westlaw findlaw codes are provided courtesy of thomson reuters westlaw the industry leading online legal research system. California penal code section 422.

Specifically this means threats of death or great bodily injury that are intended to and that actually do place victims in reasonable and sustained fear for their safety or that of their families. This offense was previously called terrorist threats however it can involve any threats of violence or harm.