Penal Code Section 422

A threat is made to convince the victim to do something or else.

Penal code section 422. Under california penal code section 422 pc it is illegal to make criminal threats. 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 immediate and specific as to convey to the person. 1954 shall not apply to any change in the terms of such option or the terms of the plan under which granted.

88 272 title ii 221 a. 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. General provisions 422 88 422 93 chapter 3 added by stats.

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. Penal code section 422 california s criminal threats law makes illegal a threat which conveys a gravity of purpose and the immediate prospect of execution how are we to understand the requirement that the prospect of execution be immediate when as we have seen threats often have by their very nature some aspect of conditionality. A prior section 422 added pub.

For more detailed codes research information including annotations and citations please visit westlaw. For purposes of this title and for purposes of all other state law unless an explicit provision of law or the context clearly requires a different meaning the following shall apply. 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.

Constitution this right does not include the right to threaten other people with violence and put them in fear for their safety. While people are afforded broad freedom of speech rights under the first amendment to the u s. A hate crime means a criminal act committed in whole or in part because of one or more of the following actual or perceived characteristics of the victim.

A it is the public policy of this state to protect the public from crime and violence by encouraging all persons who are victims of or witnesses to crimes or who otherwise can give evidence in a criminal investigation to cooperate with the criminal justice system and not to penalize these persons for being victims or for cooperating with the criminal justice system. 1981 paragraph 1 of section 425 h of the internal revenue code of 1986 formerly i r c. This offense was previously called terrorist threats however it can involve any threats of violence or harm.