Local lawmakers and prosecutors today touted a newly signed state law that officials say closes a loophole that prevented prosecution against those who threatened mass violence against entities and buildings, rather than individual people.
Senate Bill 19, also known as The Safe Schools and Places of Worship Act, was signed into law last month by Gov. Gavin Newsom. It was authored by Assemblywoman Darshana Patel, D-San Diego, and state Sen. Susan Rubio, D- Baldwin Park.
The new law criminalizes threats made against institutions such as schools, workplaces, medical facilities or houses of worship, even when the threat does not specifically target a person.
Recently in San Diego, the distinction over the target of a threat was notably seen in the prosecution of a man who stated in a series of over 400 emails that he would commit a mass shooting at Shoal Creek Elementary School in Carmel Mountain Ranch.
Since the man's threats referenced only the school, rather than an individual victim, the criminal-threats charge filed against him was originally dismissed by a judge. San Diego County prosecutors re-filed the charge, and the man was later convicted by a jury and awaits sentencing later this month.
However, the issue of whether he could legally threaten a school was a key point in the man's defense at trial. Prosecutors re-filed the charge to name Shoal Creek's principal as the victim, and the defense case focused on the fact that the man's emails did not name or directly threaten the principal.
SB 19's proponents say several other instances of people threatening mass shootings in California have led to difficulty securing prosecutions against the perpetrators.
"Making criminal threats is a felony crime even if there was no intent to carry out the threat; threatening words with the intent to cause fear and which reasonably cause someone to feel fear are sufficient for a felony charge," San Diego County District Attorney Summer Stephan said.
Newsom said in a statement, "We are proud to give prosecutors the tools necessary so they can stop violence before it starts. California families deserve to feel safe when they drop their kids off at school, go to a doctor's appointment, or practice their religion."
