Legal Opinion
People v. Murillo
California Court of Appeal
Decided July 22, 2015No. B257429PublishedCited by 2 opinions
1Opinion of the Court
Opinion
GILBERT, P. J.
Penal Code section 140, subdivision (a) makes it a crime to threaten a crime victim with violence. Here alleged threats were made in the lyrics of a so-called “rap song” distributed on the Internet. The magistrate dismissed a felony complaint against Anthony Murillo alleging two counts of threatening a crime victim. (§ 140, subd. (a).) The trial court issued an order denying the People’s motion to reinstate the complaint. It decided as a matter of law that the lyrics were protected speech and did not constitute a criminal threat within section 140.
The People appeal. We…
2Cases cited11 opinions
- Elonis v. United StatesSupreme Court of the United States · 2015
- Estate of Tucker Ex Rel. Tucker v. InterscopeCourt of Appeals for the Ninth Circuit · 2008
- Correa v. Superior CourtCalifornia Supreme Court · 2002
- Jones v. StateSupreme Court of Arkansas · 2002
- People v. McDanielCalifornia Court of Appeal · 1994
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3Cited by2 opinions
- State v. Trey M.Washington Supreme Court · 2016
- State v. Trey M.Washington Supreme Court · 2016