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California legal term

Apparent ability to carry out that threat in California Criminal Law

Current through 2026 California legislative session

In California criminal law, “Apparent ability to carry out that threat” is a term defined by statute rather than by its everyday meaning. Its statutory definition — quoted verbatim below — controls how the term is applied throughout the California criminal code.

What does “Apparent ability to carry out that threat” mean in California criminal law?

“Apparent ability to carry out that threat” includes the ability to fulfill the threat at some future date when the person making the threat is an incarcerated prisoner with a stated release date. (Cal. Penal Code § 76)

Statutes defining or using this term

Related terms in the same statutes

This reference is informational and is not legal advice.