2005 California Penal Code Sections 422-422.1 TITLE 11.5. CRIMINAL THREATS

SECTION 422-422.1

422.  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.
   For the purposes of this section, "immediate family" means any
spouse, whether by marriage or not, parent, child, any person related
by consanguinity or affinity within the second degree, or any other
person who regularly resides in the household, or who, within the
prior six months, regularly resided in the household.
   "Electronic communication device" includes, but is not limited to,
telephones, cellular telephones, computers, video recorders, fax
machines, or pagers.  "Electronic communication" has the same meaning
as the term defined in Subsection 12 of Section 2510 of Title 18 of
the United States Code.
422.1.  Every person who is convicted of a felony violation of
Section 148.1 or 11418.1, under circumstances in which the defendant
knew the underlying report was false, in addition to being ordered to
comply with all other applicable restitution requirements and fine
and fee provisions, shall also be ordered to pay full restitution to
each of the following:
   (a) Any person, corporation, business trust, estate, trust,
partnership, association, joint venture, government, governmental
subdivision, agency or instrumentality, or any other legal or
commercial entity for any personnel, equipment, material, or clean up
costs, and for any property damage, caused by the violation
directly, or stemming from any emergency response to the violation or
its aftermath.
   (b) Any public or private entity incurring any costs for actual
emergency response, for all costs of that response and for any clean
up costs, including any overtime paid to uninvolved personnel made
necessary by the allocation of resources to the emergency response
and clean up.
   (c) Restitution for the costs of response by a government entity
under this section shall be determined in a hearing separate from the
determination of guilt.  The court shall order restitution in an
amount no greater than the reasonable costs of the response.  The
burden shall be on the people to prove the reasonable costs of the
   (d) In determining the restitution for the costs of response by a
government entity, the court shall consider the amount of restitution
to be paid to the direct victim, as defined in subdivision (k) of
Section 1202.4.

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