If someone threatens a minor, what charges may be applicable?

A threat directed at a minor can implicate California Penal Code section 422, but the exact charge depends on the words used, the manner of communication, and whether the threat caused sustained fear. If the conduct is directed at a child in a custodial or dependency context, additional child-protection offenses may also be implicated, including Cal. Penal Code § 273a and, in some circumstances, Cal. Penal Code § 272.[1][3][4][5]

Core threat charge

Criminal threats

The primary statute is Cal. Penal Code § 422, which criminalizes a willful threat to commit a crime resulting in death or great bodily injury, made with the specific intent that it be taken as a threat, and that is sufficiently unequivocal, unconditional, immediate, and specific to convey a gravity of purpose and immediate prospect of execution, causing the target reasonably to be in sustained fear.[1][5]

Section 422 applies to threats made “verbally, in writing, or by means of an electronic communication device.” Cal. Penal Code § 422.[1][5]

That means a threat against a minor may be charged under section 422 if the other statutory elements are met, even when the threat is conveyed by text, social media, or similar electronic means.[1][2][5]

Other possible charges

Attempted criminal threat

If the prosecution can prove intent and a substantial step toward a completed section 422 offense, but one element of the completed crime is missing, a charge of attempted criminal threat may be available under California law. The California Supreme Court recognized the offense in People v. Toledo, 26 Cal. 4th 221 (2001).[2]

Child endangerment

If the threat or related conduct places the minor in a situation where the child’s person or health is endangered, Cal. Penal Code § 273a may apply.[3]

Contributing to delinquency of a minor

If the conduct involves inducing or attempting to induce a minor to violate the law or to engage in conduct bringing the minor within juvenile court jurisdiction, Cal. Penal Code § 272 may be implicated.[4]

Practical charge-selection summary

ConductPotential charge
Direct threat to kill or seriously injure a minor, causing sustained fearCal. Penal Code § 422
Strong threat evidence, but missing one completed elementAttempted criminal threat under People v. Toledo, 26 Cal. 4th 221 (2001)
Threat or related conduct endangers the child’s safety or healthCal. Penal Code § 273a
Threat intertwined with inducing unlawful conduct by the minorCal. Penal Code § 272

Important caveat

Whether a particular charge applies turns on the exact facts, especially:

  • the content of the statement,
  • whether it was “unequivocal” and “immediate” enough,
  • whether the minor actually experienced sustained fear,
  • and whether the case involves a school, social media, family, or custodial setting.[1][2][5]

Sources & References

  1. California Penal Code § 422
  2. People v. Toledo, 26 Cal. 4th 221 (2001)
  3. California Penal Code § 273a
  4. California Penal Code § 272
  5. California Penal Code § 422

Related Questions

If someone threatens a minor, what charges may be applicable? | OpenCase