Cal. Codes » Penal Code / PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS / TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS / CHAPTER 3. Prevention and Abatement of Unlawful Activities / ARTICLE 4.6. The Hertzberg-Alarcon California Prevention of Terrorism Act
California Codes

Cal. Penal Code § 11418.5 (2026)

The Hertzberg-Alarcon California Prevention of Terrorism Act

✓ current as of May 2026
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(a)Any person who knowingly threatens to use a weapon of mass destruction, with the specific intent that the statement as defined in Section 225 of the Evidence Code or a statement made by means of an electronic communication device, is to be taken as a threat, even if there is no intent of actually carrying it out, which, on its face and under the circumstances in which it is made, is so unequivocal, immediate, and specific as to convey to the person threatened, a gravity of purpose and an immediate prospect of execution of the threat, and thereby causes that person reasonably to be in sustained fear for his or her own safety, or for his or her immediate family’s safety shall be punished by imprisonment in a county jail for up to one year or in the state prison for 3, 4, or 6 years, and by a fine of not more than two hundred fifty thousand dollars ($250,000).

(b)For the purposes of this section, “sustained fear” can be established by, but is not limited to, conduct such as evacuation of any building by any occupant, evacuation of any school by any employee or student, evacuation of any home by any resident or occupant, any isolation, quarantine, or decontamination effort.

(c)The fact that the person who allegedly violated this section did not actually possess a biological agent, toxin, or chemical weapon does not constitute a defense to the crime specified in this section.

(d)Nothing in this section shall be construed to prevent punishment instead pursuant to any other provision of law that imposes a greater or more severe punishment.

Notes of Decisions
Cited in 3 cases, 2017–2019 · leading case: People v. Gonzalez, 394 P.3d 1074 (Cal. 2017).
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People v. Gonzalez, 394 P.3d 1074 (Cal. 2017). “) **1079 In 2002, the Legislature amended Penal Code section 11418.5 to expressly include a reference to Evidence Code section 225.”
People v. Landen (Cal. Ct. App. 2019). “Bret Stephen Landen appeals a judgment following his no contest plea to making threats to use a weapon of mass destruction (Pen. Code, § 11418.5, subd. (a))1 and making criminal threats (§ 422, subd.”
People v. Landen, 243 Cal. Rptr. 3d 487 (Cal. Ct. App. 5th 2019). “After a restitution hearing, it ordered him to pay the Atascadero Unified School District (District) $235,341.17 as restitution. We conclude, among other things, that the court should reduce the amount of restitution to the District by the amount of reimbursement the District…”
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