What is a criminal threat in California?

A criminal threat is defined in Penal Code section 422. It applies to the threat of a person (or that person’s family member) intending to cause sustained fear. It need not be made in person, and can be made over an electronic device such as a cell phone, computer or video recorder. Important things to know about criminal threats:

  • No intent to harm a person is necessary — it is sufficient to intend to scare the victim.
  • The penalty for a criminal threat is up to one year in jail for a misdemeanor, or up to four years in state prison if charged as a felony.
  • A criminal threat is a strike offense under California’s Three Strikes Law, and could be used to add significant time (even a life term) for later crimes.

Many people contemplate threats to other during a moment of anger, especially online. But these threats (intending to frighten someone) can have serious consequences even where no actual harm was intended.

Related case summaries

People v. Gonzalez
A threat made through nonverbal conduct is outside the scope of section 422. Under Penal Code section 422, subd.(a), it is a crime to threaten infliction of great bodily injury or death on another “with the specific intent that the statement, made verbally, in writing, or my means of an electronic communication device, is to be taken as a threat...” Defendant’s conduct, which included a gun-to-the-sky hand gesture by a likely gang member unaccompanied by words or sound, did not qualify as a statement made verbally even though he may have intended to convey an idea through his conduct. id: 25261
2 Cal.5th 1074 (2017)

Related categories:

Criminal Threats/Stalking (221)
People v. Orloff
Evidence supported the criminal threats conviction where defendant told the pharmacist over the phone “you’re dead.” Evidence supported defendant’s conviction of a criminal threat under Penal Code section 422, when he told the pharmacist over the phone, “you’re dead.” The victim knew defendant was disabled and confined to a motorized wheelchair, but defendant’s comment was nevertheless a threat that induced sustained fear.id: 24886
2 Cal.App.5th 947 (2nd Dist. 2016)

Related categories:

Criminal Threats/Stalking (221)

About Pat Ford

Pat Ford is a criminal defense lawyer in San Diego who works on appeals in some of the most difficult cases around the state. He has a great record for success and integrity. Pat has also published a criminal case law digest since 1984 that's used by judges and lawyers around the state. He also speaks and writes articles for criminal lawyers as well as consumers interested in the law. The consumer-related articles are intended to be informative but do not constitute legal advice.

Case of the Day

The case of the day summarizes a current case and is viewed by lawyers and judges around the state every day.

People v. Jackson
Exclusion of 18-25 year-olds from the youthful offender provisions of section 3051 did not violate equal protection. Penal Code section 3051 establishes a parole eligibility hearing for juveniles convicted of special circumstance murder and sentenced to life without the possibility of parole. Excluding persons 18-25 from the youthful offender parole hearing provision did not violate equal protection principles.id: 27245
61 Cal.App.5th 189 (4th Dist. 2021)

Related categories:

Parole (Inc. denial, "some evidence") (812)
Punishment, generally/Cruel and Unusual (816)