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Threats Of Force Or Violence Against Witness Or Crime Victim
Any person who has been convicted of ___________ [insert appropriate conviction from PC 12021.1] who willfully and maliciously communicates to a witness to, or a victim of, the crime for which the person was convicted, a credible threat to use force or violence upon that person or that person’s immediate family, is guilty of violating PC 139.
To prove such an offense the prosecution must establish the following elements:
1. The defendant was convicted of __________ [insert appropriate offense].
2. The defendant wilfully and maliciously communicated to a witness to or a victim of the crime for which [he] [she] was convicted a threat to use force or violence upon that person or that person’s immediate family.
3. The defendant made the threat with the specific intent to cause the target of the threat to reasonably fear for [his] [her] safety or the safety of [his] [her] immediate family.
4. The defendant had the apparent ability to carry out the threat at the time it was made.
“Malice” means an intent to vex, annoy, harm, or injure in any way another person, or to thwart or interfere in any manner with the orderly administration of justice.”
Points and Authorities
By defining a “credible threat” as an intent to frighten the target of the threat, PC 139 is a specific intent crime. (See People v. Daniels (75) 14 C3d 857, 860 [122 CR 872]; People v. Dollar (91) 228 CA3d 1335, 1341 [279 CR 502].)
See PC 136 for the definition of malice.
Also see PC 136 for definitions of “witness” and “victim” for use in this instruction when appropriate.
Failure to adequately instruct the jury upon matters relating to proof of any element of the charge and/or the prosecution’s burden of proof thereon violates the defendant’s state (Art. I, § 15 and § 16) and federal (6th and 14th Amendments) constitutional rights to trial by jury and due process. [See generally, FORECITE PG VII(C).]
See Annotation, Validity, construction, and application of state statutes imposing criminal penalties for influencing, intimidating, or tampering with witness, 8 ALR4th 769 and Later Case Service.