Assembly Member Pacheco introduces California AB 352 targeting criminal threats

California Assembly Bill 352, introduced by Assembly Member Pacheco on March 18, 2025, aims to amend existing laws regarding criminal threats. The bill seeks to clarify and strengthen the legal framework surrounding threats made with the intent to instill fear of death or great bodily injury in another person.

The primary focus of AB 352 is to refine the definition of what constitutes a criminal threat. Under current law, a threat must be unequivocal, unconditional, immediate, and specific, causing the threatened individual to experience sustained fear for their safety or that of their family. The proposed amendments intend to enhance the legal standards for prosecuting such threats, potentially making it easier for law enforcement and courts to address cases of intimidation and harassment.

Debate surrounding the bill has emerged, particularly regarding its implications for free speech and the potential for overreach in prosecuting individuals for statements made in jest or hyperbole. Critics argue that the amendments could lead to an increase in frivolous charges, while supporters contend that the changes are necessary to protect victims of genuine threats.

The economic and social implications of AB 352 could be significant. By potentially increasing the number of prosecutions for criminal threats, the bill may place additional burdens on the judicial system. However, proponents argue that enhancing protections for victims could lead to a safer environment, ultimately benefiting communities across California.

As the bill progresses through the legislative process, its future remains uncertain. Stakeholders, including legal experts and advocacy groups, are closely monitoring developments, anticipating further amendments and discussions that could shape the final version of the legislation. The outcome of AB 352 may set a precedent for how criminal threats are handled in California, influencing similar legislative efforts in other states.