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 duties, by means of a
threat, directly communicated to such person, to inflict an unlawful
injury upon any person or property, and it reasonably appears to the
recipient of the threat that such 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 in
the state prison, or in a county jail not exceeding one year, or by
both such fine and imprisonment.
   (2) If such person has been previously convicted of a violation of
this section, such previous conviction shall be charged in the
accusatory pleading, and if such 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 is punishable by
imprisonment in the state prison.
   As used in this section, "directly communicated" includes, but is
not limited to, a communication to the recipient of the threat by
telephone, telegraph, or letter.

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Last modified: July 31, 2008