Penal Code §422
California Penal Code 422: criminal threats
PC 422 requires more than an alarming statement. Read the threat, intent, circumstances, and sustained reasonable fear requirements in the current California statute.
What section 422 addresses
Section 422(a) concerns a willful threat to commit a crime resulting in death or great bodily injury, made with the specific intent that the statement be taken as a threat. The statute covers verbal, written, and electronic communications. It expressly says that an intent actually to carry out the threat is not required.
The context and fear requirements
The statute also requires that the statement, on its face and under the circumstances, convey the gravity and immediacy described in the law. It must cause reasonable sustained fear for the threatened person’s own safety or their immediate family’s safety.
A frightening message does not make the remaining requirements disappear. The entire communication, surrounding circumstances, and evidence of sustained fear need to be considered together. An isolated screenshot can leave out the preceding and following exchange.
Electronic messages and the complete record
The statutory definitions include electronic communication devices. A review can distinguish who sent the message, the exact words, what was communicated to the recipient, and the relevant circumstances. Preserving the original exchange and its context is more useful than relying only on a paraphrase.
This page does not tell a reader to contact another person or disregard an order. Existing protective or no-contact orders must be considered separately from the elements of the criminal charge.
Current text and possible consequences
The official text checked for this page includes an amendment effective January 1, 2026. Subdivision (a) includes county-jail and state-prison sentencing alternatives. Subdivision (b) addresses a specified aggravating factor involving certain public officials, and subdivision (c) provides definitions.
The applicable sentencing rules and any other allegations cannot be determined from the section number alone. Use the current full statute and the charging document for individual review.
Common questions
Must the person intend to carry out the threat?
The statute expressly permits a charge even without that intent. It separately requires specific intent that the statement be taken as a threat, together with the other statutory requirements.
Does every angry text violate PC 422?
No. The threat, required intent, surrounding circumstances, and reasonable sustained fear requirements must all be addressed.
Sources
- California Penal Code section 422 leginfo.legislature.ca.gov Source checked on 2026-10-27