SB 821, as amended, Block. Crimes: criminal threats.
Existing law requires that a person who willfully threatens to commit a crimebegin delete whichend deletebegin insert thatend insert 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 inbegin delete theend deletebegin insert aend insert 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 eventbegin delete whichend deletebegin insert thatend insert 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 inbegin delete theend deletebegin insert
aend insert county jail not to exceed one year, or by imprisonment in the state prison. The bill would provide that a person threatensbegin insert to commit a crime againstend insert 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,begin delete 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.end deletebegin insert
if, end insertbegin inserton 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 a person perceiving the threat a gravity of purpose and an immediate prospect of execution of the threat, and thereby causes the evacuation, lockdown, or closure of a campus, or the cancellation, evacuation, lockdown, or closure of an event.end insert 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) (1) Any person who willfully threatens to commit a
4crime against another person or at a location or eventbegin delete whichend deletebegin insert thatend insert
5 will result in death or great bodily injury to another person, with
6the specific intent that the statement, made verbally, in writing, or
7by means of an electronic communication device, is to be taken
8as a threat, even if there is no intent of actually carrying it out,
9
shall be punished by imprisonment inbegin delete theend deletebegin insert aend insert county jail not to
10exceed one year, or by imprisonment in the state prison.
11(2) For purposes of this section, a person threatensbegin insert to commit a
12crime againstend insert another person if, on its face and under the
P3 1circumstances in which a threat is made, the threat is so
2unequivocal, unconditional, immediate, and specific as to convey
3to the person threatened, a gravity of purpose and an immediate
4prospect of execution of the threat, and thereby causes that person
5reasonably to be in sustained fear for his or her own safety or
for
6his or her immediate family’s safety.
7(3) For purposes of this section, a person threatens to commit
8a crime at a location or event, whether a public or private location
9or event,begin delete if the threat is made under circumstances where the person begin insert if, on end insertbegin insertits face and under the
10making the threat knew or should have known that the threat would
11elicit precautionary measures.end delete
12circumstances in which a threat is made, the threat is so
13unequivocal, unconditional, immediate, and specific as to convey
14to a person perceiving the threat a gravity of purpose and an
15immediate prospect of execution of the threat, and thereby causes
16the
evacuation, lockdown, or closure of a campus, or the
17cancellation, evacuation, lockdown, or closure of an event.end insert
18(b) For purposes of this section, “immediate family” means any
19spouse, whether by marriage or not, parent, child, any person
20related by consanguinity or affinity within the second degree, or
21any other person who regularly resides in the household, or who,
22within the prior six months, regularly resided in the household.
23(c) “Electronic communication device” includes, but is not
24limited to, telephones, cellular telephones, computers, video
25recorders, fax machines, or pagers. “Electronic communication”
26has the same meaning as the term defined in Subsection 12 of
27Section 2510 of Title 18 of the United States Code.
No reimbursement is required by this act pursuant to
29Section 6 of Article XIII B of the California Constitution because
30the only costs that may be incurred by a local agency or school
31district will be incurred because this act creates a new crime or
32infraction, eliminates a crime or infraction, or changes the penalty
33for a crime or infraction, within the meaning of Section 17556 of
34the Government Code, or changes the definition of a crime within
35the meaning of Section 6 of Article XIII B of the California
36Constitution.
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