Legal Question in Criminal Law in California

Re: Joke or Threat?

Is your statement actually a threat? Sure. You threatened to throw a cinder block through her window, and made it seem that the threat was from someone crazy enough to do it. But threats are not really "illegal" (as youy asked) in the usual sense of that term.

A threat can amount to an assault if the target believes that the person making it has both the ability and the intent to carry it out imminently. The fact that you actually don't know who or where she is doesn't matter -- the question is whether she *believes* you do, and whether that belief is reasonable. I don't see how a reasonable person could believe you were going to harm her imminently under these circumstances.

It is also possible that you could be civilly sued for an assault, but since these facts don't seem to amount to an assault at all I don't think such a suit is likely.

Many states, including California, make it a crime to threaten violence in order to induce fear. This crime used to be called "terrorist threats", but the name has been changed in light of 9/11 and subsequent events. Here again, the recipient has to reasonably believe that the defendant has the intent and the means to carry out the threat, but does not have to believe the danger is imminent. Depending upon what this woman believes and why, you may be guilty of this crime.

The woman may also be able to obtain a restraining order against you, and your comment seems like it would persuade many judges to impose one.

Regardless of the legal issues, though, your "absurd joke" was tasteless and not the least bit funny. Of course, that's not a legal issue.