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California Penal Code Section 71

Legal Research Home > California Laws > Penal Code > California Penal Code Section 71

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 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
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 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 is punishable by
imprisonment pursuant to subdivision (h) of Section 1170.
   (b) 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: March 17, 2014