What Happens If My Teen Is Accused of Threatening a School?

Law Offices of William W. Bruzzo — Tue, 15 Sep 2026 18:54:44 GMT

A threat against a school is now its own crime in California. Penal Code 422.3, created by SB 19, took effect January 1, 2026 and covers threats of death or great bodily injury to people at a school, daycare, university, workplace, house of worship or medical facility. For anyone under 18, the statute requires a referral to services first where the teen is eligible.

That last part gets lost in the coverage. At the Law Office of Katie Walsh, it is the first thing I look for when a parent calls about a post or a comment their child made.

What Penal Code 422.3 Covers

Penal Code 422.3 covers a willful threat to commit a crime that would cause death or great bodily injury to people at one of those locations. The threat can be made by any means, including an image or a post on a website.

The law requires specific intent that the statement be taken as a threat, even without any intent to carry it out. The threat also has to be unequivocal, unconditional, immediate and specific enough to convey a real prospect of execution, and it must put someone in sustained fear.

What changed is that no particular victim has to be named. The Governor’s office described closing that gap as the reason for the law.

How the Law Treats a Minor Differently

The law treats a minor more favorably than an adult, which surprises most parents. A person under 18 who violates this section must be referred to services under Welfare and Institutions Code 654 if they are eligible.

If your teen is not eligible for that referral, the offense is punished as a misdemeanor. An adult faces up to a year in county jail or a felony term. That exposure is not available against a minor under this section.

What a Welfare and Institutions Code 654 Referral Involves

A section 654 referral is a program of supervision the probation officer sets up in place of filing a petition. It runs no longer than six months and requires the consent of both your child and you.

Completing it means no petition and no adjudication, which is why eligibility is the first question I ask. It works much like the other diversion programs that keep a teen out of court.

Can a Teen Be Charged Under Both 422.3 and 422?

A teen cannot be convicted under both sections for the same threat. The statute allows prosecution under other laws but bars conviction under both 422.3 and Penal Code 422 for one threat, which changes how threat allegations get charged.

Your child’s school will also run its own process. That is separate from the court case and does not decide it.

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