CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Assembly Bill No. 1336Introduced by Assembly Member LackeyFebruary 19, 2021 An act to amend Section 71 of the Penal Code, relating to threats. LEGISLATIVE COUNSEL'S DIGESTAB 1336, as introduced, Lackey. Threats.Existing law makes it an offense for any person, with the intent to cause, to attempt to cause, or cause any officer or employee of any public or private educational institution or any public officer or employee to do, or refrain from doing, any act in the performance of their duties, by means of a threat, directly communicated to that person, as specified. Existing law defines directly communicated as including, but not limited to, a communication to the recipient of the threat by telephone, telegraph, or letter.This bill would clarify that a threat can be directly communicated by means of an electronic communication device for the purposes of this section.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 71 of the Penal Code is amended to read:71. (a) Every person who, with intent to cause, attempts to cause, or causes, any officer or employee of any public or private educational institution or any public officer or employee to do, or refrain from doing, any act in the performance of his their duties, by means of a threat, directly communicated to such that person, to inflict an unlawful injury upon any person or property, and it reasonably appears to the recipient of the threat that such the threat could be carried out, is guilty of a public offense punishable as follows:(1) Upon a first conviction, such person is punishable by a fine not exceeding ten thousand dollars ($10,000), or by imprisonment pursuant to subdivision (h) of Section 1170, or in a county jail not exceeding one year, or by both that fine and imprisonment.(2) If the person has been previously convicted of a violation of this section, such the previous conviction shall be charged in the accusatory pleading, and if that previous conviction is found to be true by the jury, upon a jury trial, or by the court, upon a court trial, or is admitted by the defendant, he or she the person is punishable by imprisonment pursuant to subdivision (h) of Section 1170.(b)As used in this section, directly(b) As used in this section, the following terms have the following meanings:(1) Directly communicated includes, but is not limited to, a communication to the recipient of the threat by telephone, telegraph, or letter. telegraph, letter, or electronic communication device.(2) 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.
CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Assembly Bill No. 1336Introduced by Assembly Member LackeyFebruary 19, 2021 An act to amend Section 71 of the Penal Code, relating to threats. LEGISLATIVE COUNSEL'S DIGESTAB 1336, as introduced, Lackey. Threats.Existing law makes it an offense for any person, with the intent to cause, to attempt to cause, or cause any officer or employee of any public or private educational institution or any public officer or employee to do, or refrain from doing, any act in the performance of their duties, by means of a threat, directly communicated to that person, as specified. Existing law defines directly communicated as including, but not limited to, a communication to the recipient of the threat by telephone, telegraph, or letter.This bill would clarify that a threat can be directly communicated by means of an electronic communication device for the purposes of this section.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO
CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION
Assembly Bill
No. 1336
Introduced by Assembly Member LackeyFebruary 19, 2021
Introduced by Assembly Member Lackey
February 19, 2021
An act to amend Section 71 of the Penal Code, relating to threats.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
AB 1336, as introduced, Lackey. Threats.
Existing law makes it an offense for any person, with the intent to cause, to attempt to cause, or cause any officer or employee of any public or private educational institution or any public officer or employee to do, or refrain from doing, any act in the performance of their duties, by means of a threat, directly communicated to that person, as specified. Existing law defines directly communicated as including, but not limited to, a communication to the recipient of the threat by telephone, telegraph, or letter.This bill would clarify that a threat can be directly communicated by means of an electronic communication device for the purposes of this section.
Existing law makes it an offense for any person, with the intent to cause, to attempt to cause, or cause any officer or employee of any public or private educational institution or any public officer or employee to do, or refrain from doing, any act in the performance of their duties, by means of a threat, directly communicated to that person, as specified. Existing law defines directly communicated as including, but not limited to, a communication to the recipient of the threat by telephone, telegraph, or letter.
This bill would clarify that a threat can be directly communicated by means of an electronic communication device for the purposes of this section.
## Digest Key
## Bill Text
The people of the State of California do enact as follows:SECTION 1. Section 71 of the Penal Code is amended to read:71. (a) Every person who, with intent to cause, attempts to cause, or causes, any officer or employee of any public or private educational institution or any public officer or employee to do, or refrain from doing, any act in the performance of his their duties, by means of a threat, directly communicated to such that person, to inflict an unlawful injury upon any person or property, and it reasonably appears to the recipient of the threat that such the threat could be carried out, is guilty of a public offense punishable as follows:(1) Upon a first conviction, such person is punishable by a fine not exceeding ten thousand dollars ($10,000), or by imprisonment pursuant to subdivision (h) of Section 1170, or in a county jail not exceeding one year, or by both that fine and imprisonment.(2) If the person has been previously convicted of a violation of this section, such the previous conviction shall be charged in the accusatory pleading, and if that previous conviction is found to be true by the jury, upon a jury trial, or by the court, upon a court trial, or is admitted by the defendant, he or she the person is punishable by imprisonment pursuant to subdivision (h) of Section 1170.(b)As used in this section, directly(b) As used in this section, the following terms have the following meanings:(1) Directly communicated includes, but is not limited to, a communication to the recipient of the threat by telephone, telegraph, or letter. telegraph, letter, or electronic communication device.(2) 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.
The people of the State of California do enact as follows:
## The people of the State of California do enact as follows:
SECTION 1. Section 71 of the Penal Code is amended to read:71. (a) Every person who, with intent to cause, attempts to cause, or causes, any officer or employee of any public or private educational institution or any public officer or employee to do, or refrain from doing, any act in the performance of his their duties, by means of a threat, directly communicated to such that person, to inflict an unlawful injury upon any person or property, and it reasonably appears to the recipient of the threat that such the threat could be carried out, is guilty of a public offense punishable as follows:(1) Upon a first conviction, such person is punishable by a fine not exceeding ten thousand dollars ($10,000), or by imprisonment pursuant to subdivision (h) of Section 1170, or in a county jail not exceeding one year, or by both that fine and imprisonment.(2) If the person has been previously convicted of a violation of this section, such the previous conviction shall be charged in the accusatory pleading, and if that previous conviction is found to be true by the jury, upon a jury trial, or by the court, upon a court trial, or is admitted by the defendant, he or she the person is punishable by imprisonment pursuant to subdivision (h) of Section 1170.(b)As used in this section, directly(b) As used in this section, the following terms have the following meanings:(1) Directly communicated includes, but is not limited to, a communication to the recipient of the threat by telephone, telegraph, or letter. telegraph, letter, or electronic communication device.(2) 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.
SECTION 1. Section 71 of the Penal Code is amended to read:
### SECTION 1.
71. (a) Every person who, with intent to cause, attempts to cause, or causes, any officer or employee of any public or private educational institution or any public officer or employee to do, or refrain from doing, any act in the performance of his their duties, by means of a threat, directly communicated to such that person, to inflict an unlawful injury upon any person or property, and it reasonably appears to the recipient of the threat that such the threat could be carried out, is guilty of a public offense punishable as follows:(1) Upon a first conviction, such person is punishable by a fine not exceeding ten thousand dollars ($10,000), or by imprisonment pursuant to subdivision (h) of Section 1170, or in a county jail not exceeding one year, or by both that fine and imprisonment.(2) If the person has been previously convicted of a violation of this section, such the previous conviction shall be charged in the accusatory pleading, and if that previous conviction is found to be true by the jury, upon a jury trial, or by the court, upon a court trial, or is admitted by the defendant, he or she the person is punishable by imprisonment pursuant to subdivision (h) of Section 1170.(b)As used in this section, directly(b) As used in this section, the following terms have the following meanings:(1) Directly communicated includes, but is not limited to, a communication to the recipient of the threat by telephone, telegraph, or letter. telegraph, letter, or electronic communication device.(2) 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.
71. (a) Every person who, with intent to cause, attempts to cause, or causes, any officer or employee of any public or private educational institution or any public officer or employee to do, or refrain from doing, any act in the performance of his their duties, by means of a threat, directly communicated to such that person, to inflict an unlawful injury upon any person or property, and it reasonably appears to the recipient of the threat that such the threat could be carried out, is guilty of a public offense punishable as follows:(1) Upon a first conviction, such person is punishable by a fine not exceeding ten thousand dollars ($10,000), or by imprisonment pursuant to subdivision (h) of Section 1170, or in a county jail not exceeding one year, or by both that fine and imprisonment.(2) If the person has been previously convicted of a violation of this section, such the previous conviction shall be charged in the accusatory pleading, and if that previous conviction is found to be true by the jury, upon a jury trial, or by the court, upon a court trial, or is admitted by the defendant, he or she the person is punishable by imprisonment pursuant to subdivision (h) of Section 1170.(b)As used in this section, directly(b) As used in this section, the following terms have the following meanings:(1) Directly communicated includes, but is not limited to, a communication to the recipient of the threat by telephone, telegraph, or letter. telegraph, letter, or electronic communication device.(2) 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.
71. (a) Every person who, with intent to cause, attempts to cause, or causes, any officer or employee of any public or private educational institution or any public officer or employee to do, or refrain from doing, any act in the performance of his their duties, by means of a threat, directly communicated to such that person, to inflict an unlawful injury upon any person or property, and it reasonably appears to the recipient of the threat that such the threat could be carried out, is guilty of a public offense punishable as follows:(1) Upon a first conviction, such person is punishable by a fine not exceeding ten thousand dollars ($10,000), or by imprisonment pursuant to subdivision (h) of Section 1170, or in a county jail not exceeding one year, or by both that fine and imprisonment.(2) If the person has been previously convicted of a violation of this section, such the previous conviction shall be charged in the accusatory pleading, and if that previous conviction is found to be true by the jury, upon a jury trial, or by the court, upon a court trial, or is admitted by the defendant, he or she the person is punishable by imprisonment pursuant to subdivision (h) of Section 1170.(b)As used in this section, directly(b) As used in this section, the following terms have the following meanings:(1) Directly communicated includes, but is not limited to, a communication to the recipient of the threat by telephone, telegraph, or letter. telegraph, letter, or electronic communication device.(2) 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.
71. (a) Every person who, with intent to cause, attempts to cause, or causes, any officer or employee of any public or private educational institution or any public officer or employee to do, or refrain from doing, any act in the performance of his their duties, by means of a threat, directly communicated to such that person, to inflict an unlawful injury upon any person or property, and it reasonably appears to the recipient of the threat that such the threat could be carried out, is guilty of a public offense punishable as follows:
(1) Upon a first conviction, such person is punishable by a fine not exceeding ten thousand dollars ($10,000), or by imprisonment pursuant to subdivision (h) of Section 1170, or in a county jail not exceeding one year, or by both that fine and imprisonment.
(2) If the person has been previously convicted of a violation of this section, such the previous conviction shall be charged in the accusatory pleading, and if that previous conviction is found to be true by the jury, upon a jury trial, or by the court, upon a court trial, or is admitted by the defendant, he or she the person is punishable by imprisonment pursuant to subdivision (h) of Section 1170.
(b)As used in this section, directly
(b) As used in this section, the following terms have the following meanings:
(1) Directly communicated includes, but is not limited to, a communication to the recipient of the threat by telephone, telegraph, or letter. telegraph, letter, or electronic communication device.
(2) 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.