Legal Question in Criminal Law in California

Re: Text message threat!

Here is the text of Penal Code section 422: Criminal Threats

Any person who willfully threatens to commit a crime which will result in death or great bodily injury to another person, with the specific intent that the statement, made verbally, in writing, or by means of an electronic communication device, is to be taken as a threat, even if there is no intent of actually carrying it out, which, on its face and under the circumstances in which it is made, is so unequivocal, unconditional, immediate, and specific as to convey to the person threatened, a gravity of purpose and an immediate prospect of execution of the threat, and thereby causes

that person reasonably to be in sustained fear for his or her own

safety or for his or her immediate family's safety, shall be punished

by imprisonment in the county jail not to exceed one year, or by

imprisonment in the state prison.

The text you received, standing alone, would not seem to meet the elements set forth under Penal Code section 422.

However, if you are truly concerned, you have several viable options: (1) Call local law enforcement and report the behavior; (2) Contact your local victim-witness office and ask about the civil harrassment restraining order process; or (3) both of the above.

Re: Text message threat!

I don't know. Do YOU consider it a threat?

In order for it to be criminal, the threat must have been intended by the sender to be a threat of death, bodily injury or significant property damage. The threat must be sufficiently immediate. The receiver must have then suffered reasonable fear of the threat being carried out.

If you're posting the question of whether or not it was a threat on the internet, it sounds to me like you're not taking it all that seriously. I don't see the police or DA taking this one far, but if you feel compelled to report it for documentation reasons, go ahead.