Criminal Threats/Terrorist Threats

California Penal Code § 422 defines Terrorist Threats/Criminal Threats as:

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 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.

Penalties for Terrorist Threats/Criminal Threats:
In California, a terrorist/criminal threat is a wobbler and thus may be charged as a misdemeanor or a felony depending upon the seriousness of the threat, its consequences and the discretion of the prosecutor.

Misdemeanor: The punishment for a misdemeanor charge can range from probation (informal), community service, physical labor, counseling, restitution (paying the victim), fines, “stay-away” orders and/or up to one year in jail.

Felony: For a felony charge, the penalty can range from probation (formal), county jail time, community service, physical labor, counseling, restitution (paying the victim), fines, “stay-away” orders and/or up to three years in state prison. Criminal/terrorist threat is considered a “strike” under California’s Three Strikes Law and a felony conviction can have serious future consequences.