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Threatening a Public Official

PEN §71 – Wobbler

  • Maximum fine: $1000/$10,000
  • Maximum term: 0.5Y/3Y
  • Probation/parole at home eligible: Y
  • Community service eligible: Y

California Penal Code §71 makes it illegal to threaten a public employee or officer, such as a public-school teacher or employee.

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, Clerk of Court, District Attorney, The Sheriff, The Coroner, exempt appointee of the Governor, Chief Justice, Judge, Magistrate 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…”

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