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View Diary: This is What a Police State Looks Like. (172 comments)

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  •  And a little discussion of the statute in In Re (3+ / 0-)
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    edrie, VClib, Lujane

    David:

    The minor argues that section 422 requires a showing of "imminent" conduct. He claims the circumstances demonstrate he lacked the immediate ability to carry out the threat which he characterizes as nothing more than "juvenile braggadocio." Section 422 requires only that the words used be of an immediately threatening nature and convey "an immediate prospect of execution" (italics added) even though the threatener may have no intent actually to engage in the threatened conduct. The threat is sufficient if it induces a "sustained fear." The minor's statement was of an immediate, unconditional nature and reasonably caused the victim to undergo sustained fear. That is all the statute requires. It does not require the showing of an immediate ability to carry out the stated threat. The minor's threat to shoot the victim was not "on its face and under the circumstances in which it [was] made" either conditional or in jest. According to the testimony, it was without equivocation or ambiguity. The minor's statement is well within the contemplation of section 422.
    The threat was also sufficiently specific. Although it did not communicate a time or precise manner of execution, section 422 does not require those details to be expressed. It is enough to threaten "death or great bodily injury to another person." The minor's threat to shoot the victim easily satisfies that element of the statute.
    http://law.justia.com/...

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