California Penal Code section 76, Threatening a Public Official

In the State of California, it is illegal to threaten a public official. Doing so in California constitutes a felony or misdemeanor offense, and it can result in significant consequences including collateral consequences. Specifically, California Penal Code section 76 states in pertinent part that:

“(a) Every person who knowingly and willingly threatens the life of, or threatens serious bodily harm to, any elected public official, county public defender, county clerk, exempt appointee of the Governor, judge, or Deputy Commissioner of the Board of Prison Terms, or the staff, immediate family of the staff of any elected public official, county public defender, county clerk, exempt appointee of the Governor, judge, or Deputy Commissioner of the Board of Prison Terms, with the specific intent that the statement is to be taken as a threat, and the apparent ability to carry out that threat by any means, is guilty of a public offense…”

To be found guilty of California Penal Code section 76, the prosecution must prove beyond a reasonable doubt that:

1. The defendant knowingly and willingly threatened the life of or threatened serious bodily harm to any elected public or state official or a member of their immediate family or staff.
2. The defendant did so with the specific intent that the statement be taken as a threat.
3. The defendant had the ability to carry out the threat by any means.

Pursuant to California Penal Code section 76, a first-time offense is a misdemeanor. Specifically, California Penal Code section 76 states that “(1) Upon a first conviction, the offense is punishable by a fine not exceeding five thousand dollars ($5,000), 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.

Pursuant to California Penal Code section 76, a second-time conviction is punishable as a felony. Specifically, pursuant to California Penal Code section 76, “(2) if the person has been convicted previously of violating this section, the previous conviction shall be charged in the accusatory pleading, and if the 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, the offense is punishable by imprisonment pursuant to subdivision (h) of Section 1170.” As such, a conviction for California Penal Code section 76 as a felony is punishable with a term of imprisonment of 16 months (low term), 2 years (mid-term), or 3 years (high term).

Any criminal charge, whether a felony or misdemeanor, including California Penal Code section 76, threatening a public official, is serious and could result in serious consequences. If you or a family member has been charged with California Penal Code section 76, threatening a public official, or any other felony or misdemeanor charge in Los Angeles, Orange County, Riverside County, San Bernardino County, or Ventura County, it is imperative that you hire the best attorney that you can. As a former Deputy District Attorney with over 14 years of prosecutorial experience, Los Angeles Criminal Defense Attorney Michael Kraut knows how to effectively defend clients who have been served with such restraining orders and are facing the prospect of losing their gun rights.

For more information about all types of felony and misdemeanor charges, including California Penal Code section 76, threatening a public official, and to schedule your free consultation, contact attorney Michael Kraut at the Kraut Criminal & DUI Lawyers located at 6255 Sunset Boulevard, Suite 1520, Los Angeles, CA 90028. Mr. Kraut can be reached 24/7 at 888-334-6344 or 323-464-6453.