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Threatening Public Officers/Employees/School Officials
Every person who, with the intent to cause a public officer to do or refrain from doing, any act in the performance of [his] [her] duties by means of a threat to inflict an unlawful injury upon any person or property, and directly communicates such threat to the public officer, and it reasonably appear to the public officer that such threat could be carried out is guilty of a violation of PC 71. [¶] In order to prove such crime, each of the following elements must be proved: [¶] 1. A threat to inflict an unlawful injury upon any person or property; [¶] 2. Direct communication of the threat to a public officer; [¶] 3. The specific intent to influence the performance of the officer’s duties; and [¶] 4. It reasonably appeared to the public official that such threat could be carried out.
Points and Authorities
PC 71 requires that “it reasonably appear to the recipient of the threat that such threat could be carried out; see also, People v. Jackson UNPUBLISHED (92) 6 CA4th 1347 [8 CR2d 328].)