422 PC Explained: California Criminal Threats Law

California Penal Code section 422 makes it a crime to willfully threaten to commit a crime that would result in death or great bodily injury to another person, when the threat is meant to be taken as a threat and actually leaves the person threatened in reasonable, sustained fear. The official California jury instructions call the offense "criminal threat."

This page covers what section 422 says as published on the California Legislature's official site, what the prosecution has to prove under the state's jury instruction, the penalty range the statute sets, and the related sections that come up alongside a 422 charge. It covers California state law only.

Information last verified against primary sources on October 20, 2026. This article has not yet been reviewed by a licensed lawyer.

What 422 PC says

Section 422 has three subdivisions. Subdivision (a) defines the crime and its punishment, subdivision (b) adds a sentencing factor for threats against certain public officials, and subdivision (c) defines two terms used in the section.

Subdivision (a): the threat

The core of the statute is one long sentence. Every clause in it matters, so here it is in full:

"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 their own safety or for their 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."

Broken into its parts, subdivision (a) requires:

• A willful threat to commit a crime that will result in death or great bodily injury to another person.
• A specific intent that the statement be taken as a threat.
• A statement made verbally, in writing, or by an electronic communication device.
• A threat that, on its face and in its circumstances, is unequivocal, unconditional, immediate, and specific enough to convey a gravity of purpose and an immediate prospect of being carried out.
• A threat that causes the person threatened to be reasonably in sustained fear for their own safety or their immediate family's safety.

The statute also states what is not required: the speaker does not need to have any intent of actually carrying the threat out.

Subdivision (b): threats against public officials

Subdivision (b) applies only at sentencing for a felony violation of subdivision (a). The court "may consider, as a factor in aggravation," that the defendant willfully threatened death or great bodily injury to a person the defendant knew was a state constitutional officer, a Member of the Legislature, or a judge or court commissioner, as those terms are defined in Government Code section 7920.500.

This is a factor the court may weigh in choosing a sentence. It is not a separate crime. CALCRIM No. 1300 includes an optional instruction under which the jury decides whether the prosecution proved this allegation beyond a reasonable doubt.

Subdivision (c): definitions

Subdivision (c)(1) defines "immediate family" broadly:

"'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."

Subdivision (c)(2) says an "electronic communication device" includes, but is not limited to, telephones, cellular telephones, computers, video recorders, fax machines, or pagers. It adopts the federal definition of "electronic communication" in 18 U.S.C. section 2510(12).

What the prosecution has to prove

California's official criminal jury instruction for this offense is CALCRIM No. 1300, "Criminal Threat (Pen. Code, § 422)," published by the Judicial Council of California (2026 edition). It tells the jury the prosecution must prove that:

1. The defendant willfully threatened to unlawfully kill or unlawfully cause great bodily injury to the named person or a member of that person's immediate family.
2. The defendant made the threat orally, in writing, or by electronic communication device.
3. The defendant intended the statement to be understood as a threat.
4. Under the circumstances, the threat was so clear, immediate, unconditional, and specific that it communicated a serious intention and the immediate prospect that it would be carried out.
5. The threat actually caused the person to be in sustained fear for their own safety, or for the safety of their immediate family.
6. That fear was reasonable under the circumstances.

The instruction defines several of these terms. Acting "willfully" means acting willingly or on purpose, and it does not require an intent to break the law or hurt anyone. In judging whether a threat was clear, immediate, unconditional, and specific enough, the jury is told to consider "the words themselves, as well as the surrounding circumstances."

Two definitions carry a lot of weight in these cases:

"Great bodily injury means significant or substantial physical injury. It is an injury that is greater than moderate harm."

"Sustained fear means fear for a period of time that is more than momentary, fleeting, or transitory."

The instruction also repeats the statute's point that a person who intends a statement to be understood as a threat does not have to actually intend to carry it out. It includes optional language, given when it fits the case, that "an immediate ability to carry out the threat is not required."

Penalties under 422 PC

Subdivision (a) sets two alternative punishments: "imprisonment in the county jail not to exceed one year, or by imprisonment in the state prison." Because the statute allows either one, a 422 charge can be handled as a misdemeanor or as a felony. Offenses with this either-way structure are commonly called "wobblers."

Penal Code section 17(b) explains how an either-way offense ends up as a misdemeanor. It lists circumstances in which such a crime "is a misdemeanor for all purposes," including:

• After a judgment imposing a punishment other than state prison or county jail under Penal Code section 1170(h).
• When the court grants probation and declares the offense a misdemeanor, at that time or later on application of the defendant or the probation officer.
• When the prosecutor files a misdemeanor complaint, unless the defendant objects at arraignment or plea.
• When the court determines before trial that the offense is a misdemeanor.

Section 422 does not state a length for a state prison term. The Penal Code's general rule for felonies is in section 18(a):

"Except in cases where a different punishment is prescribed by any law of this state, every offense declared to be a felony is punishable by imprisonment for 16 months, or two or three years in the state prison unless the offense is punishable pursuant to subdivision (h) of Section 1170."

How a sentence is actually set in a given case, including any enhancement or prior-conviction rule found in other sections, is outside what this page covers. For a felony sentence, subdivision (b) adds the aggravating factor for threats against the officials described above.

Related sections

• Penal Code section 646.9 (stalking). Subdivision (c)(1) sets a higher range for stalking committed by someone previously convicted of a felony under section 273.5, 273.6, or 422: county jail for up to one year, a fine of up to $1,000, or both, or state prison for two, three, or five years. See the official text at leginfo.legislature.ca.gov.
• Penal Code section 1192.7. Subdivision (c)(38) lists "criminal threats, in violation of Section 422" as a serious felony for purposes of that section. Official text.
• Penal Code section 17. Defines felonies and misdemeanors and sets out the either-way rules summarized above. Official text.
• Penal Code section 18. The general felony punishment rule quoted above. Official text.
• Penal Code section 273.5. Corporal injury to a spouse, cohabitant, or dating partner, one of the other felonies named in section 646.9(c)(1). See our PC 273.5 explainer.

For how California sorts crimes into felonies, misdemeanors, and infractions generally, see California felony and misdemeanor classes.

Other statute explainers are collected in our statutes library.

Recent changes

The legislative history note on the official code page reads: "Amended by Stats. 2025, Ch. 554, Sec. 1. (AB 352) Effective January 1, 2026." The note does not describe what the amendment changed. The text quoted on this page is the version published on the Legislature's site as of October 20, 2026.

What happens after an arrest for 422 PC

A "422" on a jail roster or booking sheet is the arresting agency's charge. The prosecutor reviews the case and decides whether to file a criminal threats charge, a different charge, or nothing, and whether to file it as a misdemeanor or a felony. The first court appearance, the arraignment, is where the filed charges are read.

Our California charge code lookup translates other booking codes, and What Happens After You Get Arrested walks through the steps from booking to arraignment. For protective orders, see California restraining order laws.

Disclaimer

This page explains what California Penal Code section 422 and the related sections quoted here say, as published on official state sources and checked on October 20, 2026. It is general legal information, not legal advice, and reading it does not create an attorney-client relationship. A charge under section 422 depends heavily on the specific words used and the circumstances, so anyone facing one should speak with a criminal defense lawyer licensed in California.

Last updated: October 20, 2026.

Frequently Asked Questions

Is 422 PC a felony in California?

It can be either. Section 422(a) allows punishment by county jail for up to one year or by state prison, so the charge can be filed and sentenced as a misdemeanor or a felony. Penal Code section 17(b) lists the circumstances in which an either-way offense becomes a misdemeanor for all purposes.

What is the sentence for 422 PC?

Section 422(a) provides for county jail of up to one year or state prison. The section does not state a prison term itself. Penal Code section 18(a) sets the general felony rule of 16 months, two, or three years in state prison except where a different punishment is prescribed by law.

Does the person have to mean the threat to be guilty of criminal threats?

No. Section 422(a) applies even if there is no intent of actually carrying the threat out. What the statute requires is the specific intent that the statement be taken as a threat.

Can a text message or email be a criminal threat in California?

Section 422 covers threats made verbally, in writing, or by an electronic communication device, which subdivision (c)(2) says includes telephones, cellular telephones, and computers. Every other element of the statute still has to be proved.

What does sustained fear mean under 422?

CALCRIM No. 1300 defines sustained fear as fear for a period of time that is more than momentary, fleeting, or transitory. The fear must also have been reasonable under the circumstances.

Does a threat against a family member count under 422?

Yes. The statute covers fear for the person's own safety or their immediate family's safety, and subdivision (c)(1) defines immediate family to include a spouse, parent, child, relatives within the second degree, and anyone who regularly lives in the household or did within the prior six months.

How does a 422 conviction affect a later stalking charge?

Penal Code section 646.9(c)(1) sets a higher penalty range for stalking by someone with a prior felony conviction under section 422: county jail up to one year, a fine up to $1,000, or both, or state prison for two, three, or five years.