CALCRIM No. 2650

The defendant is charged [in Count] with threatening a public

official [in violation of Penal Code section 76].

To prove that the defendant is guilty of this crime, the People must

prove that:

1. The defendant willingly (threatened to kill/ [or] threatened to

cause serious bodily harm to) (a/an) <insert title of

person specified in Pen. Code, § 76(a)> [or a member of the

immediate family of (a/an) <insert title of person

specified in Pen. Code, § 76(a)>];

2. When the defendant acted, (he/she) intended that (his/her)

statement be understood as a threat [and intended that it be

communicated to <insert name of alleged victim>];

3. When the defendant acted, (he/she) knew that the person (he/she)

threatened was (a/an) <insert title of person specified

in Pen. Code, § 76(a)> [or a member of the immediate family of

(a/an) <insert title of person specified in Pen. Code,

§ 76(a)>];

4. When the defendant acted, (he/she) had the apparent ability to

carry out the threat;

[AND]

5. The person threatened reasonably feared for (his/her) safety [or

for the safety of (his/her) immediate family](;/.)

<Give element 6 if directed at a person specified in Pen. Code, § 76(d) or

(e).>

[AND

6. The threat was directly related to the ’s <insert title

of person specified in Pen. Code, § 76(d) or (e)> performance of

(his/her) job duties.]

A threat may be oral or written and may be implied by a pattern of

conduct or a combination of statements and conduct.

[When the person making the threat is an incarcerated prisoner with a

stated release date, the ability to carry out the threat includes the ability

to do so in the future.]

[Serious bodily harm includes serious physical injury or serious traumatic

condition.]

[Immediate family includes a spouse, parent, or child[, or anyone who has

regularly resided in the household for the past six months].]

[Staff of a judge includes court officers and employees[, as well as

commissioners, referees, and retired judges sitting on assignment].]

[The defendant does not have to communicate the threat directly to the

intended victim, but may do so through someone else.]

[Someone who intends that a statement be understood as a threat does

not have to actually intend to carry out the threatened act [or intend to

have someone else do so].]

New January 2006; Revised February 2025