Threatening A Public Official: Intent To Carry Out the Threat
December 1st, 2014
People v. Barrios (2008) 163 Cal. App. 4th 270, upheld this instruction, rejecting an argument that improperly stated the law. The defendant argued that CC 2650 was incorrect because “it tells the jury that the defendant need not have the intent to carry out the threat, only the intent that the statement be taken […]
Tags: CC 2650, Mens Rea: Intent, Threats
Factors Relevant To Existence Of “Credible Threats”
April 20th, 2014
It is a defendant’s entire course of conduct, including conduct and statements to third parties that foreseeably a victim may be told, that is relevant to establishing a credible threat and not necessarily any particular intent that the comments be conveyed to the victim. (People v. Norman (1999) 75 Cal. App. 4th 1234.)
Tags: CC 1301, Threats