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AB-1336 Threats.(2021-2022)

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Date Published: 02/20/2021 04:00 AM
AB1336:v99#DOCUMENT


CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Assembly Bill
No. 1336


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


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.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

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.