SB 821, as introduced, Block. Crimes: criminal threats.
Existing law requires that a 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, be punished by imprisonment in the county jail not to exceed one year, or by imprisonment in the state prison.
This bill would instead require that any person who willfully threatens to commit a crime against another person or at a location or event 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, be punished by imprisonment in the county jail not to exceed one year, or by imprisonment in the state prison. The bill would provide that a person threatens another person if, on its face and under the circumstances in which a threat is made, the threat 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. The bill would also provide that a person threatens to commit a crime at a location or event, whether a public or private location event, if the threat is made under circumstances where the person making the threat knew or should have known that the threat would elicit precautionary measures. By expanding the scope of a crime, the bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.
The people of the State of California do enact as follows:
Section 422 of the Penal Code is amended to
2read:
(a) begin insert(1)end insertbegin insert end insert Any person who willfully threatens to commit a
4crimebegin insert against another person or at a location or eventend insert which will
5result in death or great bodily injury to another person, with the
6specific intent that the statement, made verbally, in writing, or by
7means of an electronic communication device, is to be taken as a
8threat, even if there is no intent of actually carrying it out,begin delete which,
shall be punished by
9on its face and under the circumstances in which it is made, is so
10unequivocal, unconditional, immediate, and specific as to convey
11to the person threatened, a gravity of purpose and an immediate
12prospect of execution of the threat, and thereby causes that person
13reasonably to be in sustained fear for his or her own safety or for
14his or her immediate family’s safety,end delete
15imprisonment in the county jail not to exceed one year, or by
16imprisonment in the state prison.
17(2) For purposes of this section, a person threatens another
18person if, on its face and under the circumstances in which a threat
19is made, the threat is so unequivocal, unconditional, immediate,
20and specific as to convey to the person threatened, a gravity of
P3 1purpose and an immediate prospect of execution of the threat, and
2thereby causes that person reasonably to be in sustained fear for
3his or her own safety or for his or her immediate family’s safety.
4(3) For purposes of this section, a person threatens to commit
5a crime at a location or event, whether a public
or private location
6or event, if the threat is made under circumstances where the
7person making the threat knew or should have known that the
8threat would elicit precautionary measures.
9(b) For purposes of this section, “immediate family” means any
10spouse, whether by marriage or not, parent, child, any person
11related by consanguinity or affinity within the second degree, or
12any other person who regularly resides in the household, or who,
13within the prior six months, regularly resided in the household.
14(c) “Electronic communication device” includes, but is not
15limited to, telephones, cellular telephones, computers, video
16recorders, fax machines, or pagers. “Electronic communication”
17has the same meaning as the term defined in Subsection 12 of
18Section 2510 of Title 18 of the United States Code.
No reimbursement is required by this act pursuant to
20Section 6 of Article XIII B of the California Constitution because
21the only costs that may be incurred by a local agency or school
22district will be incurred because this act creates a new crime or
23infraction, eliminates a crime or infraction, or changes the penalty
24for a crime or infraction, within the meaning of Section 17556 of
25the Government Code, or changes the definition of a crime within
26the meaning of Section 6 of Article XIII B of the California
27Constitution.
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