Bill > AB352

This bill amends Section 422 of the California Penal Code to expand sentencing considerations for criminal threats. Under existing law, it is already a crime to willfully threaten to commit a crime that could result in death or great bodily injury to another person, with the threat being specific, unequivocal, and causing sustained fear. The new provision specifically allows courts, when sentencing a felony violation, to consider as an aggravating factor whether the defendant threatened a state constitutional officer, a Member of the Legislature, or a judge or court commissioner. This means that if someone makes a criminal threat against a public official, the court can potentially impose a more severe sentence. The bill maintains the existing definitions of "immediate family" and "electronic communication device" from the original law, and preserves the existing punishment options of up to one year in county jail or imprisonment in state prison. The bill is designed to provide additional legal protection for public officials by allowing courts to treat threats against them with increased seriousness during sentencing.

Budget and Finance, Justice

https://leginfo.legislature.ca.gov/faces/billStatusClient.xhtml?bill_id=202520260AB352