Protect Californians from Public Threats —Close legal loopholes, prosecute and rehabilitate offenders

Change 422
Jan 30
4 min read

Updated: Feb 3

Why Penal Code 422 Needs Urgent Reform

⚠️ Terrifying threats like "I will kill your child someday, somehow" may likely not meet legal standards because they are too vague—even when they instill lasting fear.

⚠️ Threats against schools, places of worship, parks, neighborhoods, and other private or public spaces may not be prosecutable, even when they terrorize entire communities.

⚠️ Credible and serious threats overheard by a third party (such as a neighbor) may not be prosecutable.

Legislative Comparison

Current Law

The bolded text below reveals just how profoundly narrow and flawed this law is (yes, this is the entire law)—in California, a threat to kill someone isn’t legally a threat unless it is immediate, specific, directly delivered to the intended victim or their immediate family, and causes them to experience sustained fear.

Title 11.5 Criminal Threats, 422.

(a) 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.

(b) For 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.

(c) “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.

The California District Attorney's Office has confirmed that this law governs all threats, including terrorist threats that fall outside the scope of explosive devices or biological weapons. If this law is supposed to be a pillar of public safety, we cannot allow such a weak and minimalistic approach to persist.

A Modern, Enforceable, and Fair Penal Code 422 Must:

Focus on the core issue, which is that a threat was made to commit a crime resulting in death or great bodily injury.
Ensure all credible threats to public and private spaces, and the people within them, are prosecuted as seriously as those against individuals, so no victim is excluded simply because their property wasn’t on 'the list'.
Ensure credible threats are prosecutable regardless of timing or specificity of execution.
Empower community members, such as parents and caretakers, to act on behalf of those unable to advocate for themselves, such as children or dependents, when credible threats arise.
Ensure fair sentencing by incorporating aggravating and mitigating factors, distinguishing persistent, credible threats from impulsive statements that lack intent.
Hold offenders accountable while preventing misuse of the law, ensuring that threats are prosecuted based on real risk and intent, not just technical wording.

Summary of Proposed Legislation

This summary provides a concise, digestible overview to help readers understand the context before reviewing the full legislative language that follows.

Penal Code - Section 422 (Criminal Threats)

(a) A Threat to Commit a Crime Resulting in Death or Great Bodily Injury:

Must be directed at individuals or public/private property.
Must convey specific intent to be understood as a serious expression of intent to cause harm.
Must be unequivocal and convey a credible prospect of execution.
Credibility is evaluated based on context and reasonable interpretation, excluding hyperbole, jest, or protected speech.
Must cause a one or more of the affected parties who reasonably becomes aware of it to be in sustained fear for their safety or the safety of another affected party.

(b) Definitions:

1-4. Defines affected parties and victims to ensure legal recognition based on real-world impact.

5. Defines regularity to establish likelihood of physical presence at a threatened property.

6. Maintains the existing definition of electronic communication devices.

(c) Assessing Severity and Punishment of the Threat:

Degree of regularity: greater likelihood of presence at the threatened property increases risk.
Number of people affected: higher number of individuals or groups increases severity.
Prior threats and behavior patterns: history of threats increases severity.
Proximity to the target: closer threats indicate a potentially higher risk of execution.
Mitigating factors: allows reduction to a misdemeanor if there is an overwhelming absence of intent to instill fear or likelihood to cause harm.
Youth Offender Charge Reduction: Allows misdemeanor reduction for offenders under 18 if no pattern of escalating harm or intent to execute the threat.

(d) Electronic Monitoring:

The court may require electronic monitoring of the offender during probation or bail to ensure compliance and mitigate risk.