Section 11418.5 Of Article 4.6. The Hertzberg-alarcon California Prevention Of Terrorism Act From California Penal Code >> Title 1. >> Part 4. >> Chapter 3. >> Article 4.6.
11418.5
. (a) Any person who knowingly threatens to use a weapon of
mass destruction, with the specific intent that the statement as
defined in Section 225 of the Evidence Code or a statement made by
means of an electronic communication device, is to be taken as a
threat, even if there is no intent of actually carrying it out,
which, on its face and under the circumstances in which it is made,
is so unequivocal, immediate, and specific as to convey to the person
threatened, a gravity of purpose and an immediate prospect of
execution of the threat, and thereby causes that person reasonably to
be in sustained fear for his or her own safety, or for his or her
immediate family's safety shall be punished by imprisonment in a
county jail for up to one year or in the state prison for 3, 4, or 6
years, and by a fine of not more than two hundred fifty thousand
dollars ($250,000).
(b) For the purposes of this section, "sustained fear" can be
established by, but is not limited to, conduct such as evacuation of
any building by any occupant, evacuation of any school by any
employee or student, evacuation of any home by any resident or
occupant, any isolation, quarantine, or decontamination effort.
(c) The fact that the person who allegedly violated this section
did not actually possess a biological agent, toxin, or chemical
weapon does not constitute a defense to the crime specified in this
section.
(d) Nothing in this section shall be construed to prevent
punishment instead pursuant to any other provision of law that
imposes a greater or more severe punishment.