SB 821, as amended, Block. Crimes: criminal threats.
Existing law requires that a person who willfully threatens to commit a crime that 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 a 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 that 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 a county jail not to exceed one year, or by imprisonment in the state prison. The bill would provide that a person threatens to commit a crime against 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, 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 abegin insert reasonableend insert person perceiving the threat a gravity of purpose and an immediate prospect of execution of the threat,begin delete and thereby causesend deletebegin insert such thatend insert the evacuation, lockdown, or closure of abegin delete campus,end deletebegin insert location,end insert or the cancellation, evacuation, lockdown, or closure of anbegin delete event.end deletebegin insert
event appears to be reasonably necessary for the protection of the public.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 event that 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,
shall be
9punished by imprisonment in a county jail not to exceed one year,
10or by imprisonment in the state prison.
11(2) For purposes of this section, a person threatens to commit
12a crime against 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, if, on its face and under the circumstances
in which a
10threat is made, the threat is so unequivocal, unconditional,
11immediate, and specific as to convey to abegin insert reasonableend insert person
12perceiving the threat a gravity of purpose and an immediate
13prospect of execution of the threat,begin delete and thereby causesend deletebegin insert such thatend insert
14 the evacuation, lockdown, or closure of abegin delete campus,end deletebegin insert location,end insert or the
15cancellation, evacuation, lockdown, or closure of anbegin delete event.end deletebegin insert
event
16appears to be reasonably necessary for the protection of the public.end insert
17(b) For purposes of this section, “immediate family” means any
18spouse, whether by marriage or not, parent, child, any person
19related by consanguinity or affinity within the second degree, or
20any other person who regularly resides in the household, or who,
21within the prior six months, regularly resided in the household.
22(c) “Electronic communication device” includes, but is not
23limited to, telephones, cellular telephones, computers, video
24recorders, fax machines, or pagers. “Electronic communication”
25has the same meaning as the term defined in Subsection 12 of
26Section 2510 of Title 18 of the United States Code.
No reimbursement is required by this act pursuant to
28Section 6 of Article XIII B of the California Constitution because
29the only costs that may be incurred by a local agency or school
30district will be incurred because this act creates a new crime or
31infraction, eliminates a crime or infraction, or changes the penalty
32for a crime or infraction, within the meaning of Section 17556 of
33the Government Code, or changes the definition of a crime within
34the meaning of Section 6 of Article XIII B of the California
35Constitution.
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