Penal codes associated with Criminal Threats
PC 422. 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, shall be punished by imprisonment in the county jail
not to exceed one year, or by imprisonment in the state prison. For the
purposes of this section, “immediate family” means any spouse, whether
by marriage or not, parent, child, any person related by consanguinity
or affinity within the second degree, or any other person who regularly
resides in the household, or who, within the prior six months, regularly
resided in the household. “Electronic communication device” includes,
but is not limited to, telephones, cellular telephones, computers, video
recorders, fax machines, or pagers. “Electronic communication” has the
same meaning as the term defined in Subsection 12 of Section 2510 of
Title 18 of the United States Code.
PC 422.1. Every person who is convicted of a felony violation of Section
148.1 or 11418.1, under circumstances in which the defendant knew the
underlying report was false, in addition to being ordered to comply with
all other applicable restitution requirements and fine and fee
provisions, shall also be ordered to pay full restitution to each of the
following: (a) Any person, corporation, business trust, estate, trust,
partnership, association, joint venture, government, governmental
subdivision, agency or instrumentality, or any other legal or commercial
entity for any personnel, equipment, material, or clean up costs, and
for any property damage, caused by the violation directly, or stemming
from any emergency response to the violation or its aftermath. (b) Any
public or private entity incurring any costs for actual emergency
response, for all costs of that response and for any clean up costs,
including any overtime paid to uninvolved personnel made necessary by
the allocation of resources to the emergency response and clean up. (c)
Restitution for the costs of response by a government entity under this
section shall be determined in a hearing separate from the determination
of guilt. The court shall order restitution in an amount no greater
than the reasonable costs of the response. The burden shall be on the
people to prove the reasonable costs of the response. (d) In determining
the restitution for the costs of response by a government entity, the
court shall consider the amount of restitution to be paid to the direct
victim, as defined in subdivision (k) of Section 1202.4
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