Cal. Codes » Penal Code / PART 1. OF CRIMES AND PUNISHMENTS / TITLE 11. OF CRIMES AGAINST THE PUBLIC PEACE
California Codes

Cal. Penal Code § 417.4 (2026)

Of Crimes Against The Public Peace

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Every person who, except in self-defense, draws or exhibits an imitation firearm, as defined in subdivision (a) of Section 16700, in a threatening manner against another in such a way as to cause a reasonable person apprehension or fear of bodily harm is guilty of a misdemeanor punishable by imprisonment in a county jail for a term of not less than 30 days.

Notes of Decisions
Cited in 8 cases (1 in the last 5 years), 2014–2022 · leading case: Fetters v. Cnty. of Los Angeles, 243 Cal. App. 4th 825 (Cal. Ct. App. 2016).
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Fetters v. Cnty. of Los Angeles, 243 Cal. App. 4th 825 (Cal. Ct. App. 2016). · cites it 3× “in a threatening manner against another in such a way as to cause a reasonable person apprehension or fear of bodily harm is guilty of a misdemeanor punishable by imprisonment in a county jail for a term of not less than 30 days.”
People v. A.C., 224 Cal. App. 4th 590 (Cal. Ct. App. 2014). “(a)(1)), and brandished an imitation firearm (Pen. Code, § 417.4). The minor’s only claim on appeal is that the juvenile court “erred in setting a maximum confinement time when he was released home on probation” and asks that we strike the portion of the order including the…”
In re R.W. Ca3, No. C077008 (Cal. Ct. App. Apr. 28, 2016). “exhibited an imitation firearm in a threatening manner, a misdemeanor (count 1; Pen. Code, § 417.4), and possessed less than 28.”
People v. Lopez, No. B297547 (Cal. Ct. App. Sept. 1, 2020). “(a)(4)) and two counts of brandishing a replica gun (Pen. Code, § 417.4). According to the evidence at trial, after the end of the high school day, Lopez insulted Carlos G.”
People v. McGehee, No. A164647 (Cal. Ct. App. Sept. 16, 2022). “Code, § 236; count one), misdemeanor brandishing a replica gun (Pen. Code, § 417.4; count two), and misdemeanor throwing substances on vehicles (Veh.”
People v. Esquivel, No. H039949 (Cal. Ct. App. June 24, 2014). “He also pleaded guilty to exhibiting an imitation firearm (Pen. Code, § 417.4). The trial court reinstated a three-year probation and imposed all previously imposed terms and conditions.”
In re D.M. Ca3, No. C074095 (Cal. Ct. App. July 23, 2014). “(d)), misdemeanor exhibiting a replica firearm (Pen. Code, § 417.4), misdemeanor theft (Pen.”
People v. Tomblinson, No. C077124 (Cal. Ct. App. Apr. 8, 2015). “1, both in 2004; Pen. Code, § 417.4 in 2005; and Health & Saf.”
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