Kelly Martin <kmartin@kiva.net> wrote: > "Tommy" <Tommy_Sp**gespam@Xs.net> wrote in message
> news:39D51518.1E8D@Xs.net...
>> Kelly Martin wrote:
>> > They're not an element of the offense.
>> Wrong.
> "Section 422 requires only that the words used be of an immediately
> threatening nature and convey 'an immediate prospect of execution' . .
> . even though the threatener may have no intent actually to engage in
> the threatened conduct. . . . It does not require the showing of an
> immediate ability to carry out the stated threat. " In re David L.,
> 286 Cal. Rptr. 398, 401 (Cal. Ct. App., 1991).
Kelly 422 also says: "and thereby causes that person reasonably to be in sustained fear" They make a point in my bankruptcy case that I have done over 200 pickets, all without physical injury to scientologists unless you count the time Richardson stuck his arm in my mouth. Comment? Keith Henson