In re George T

In In re George T. (2004) 33 Cal.4th 620, a student gave two classmates a poem, which recited in part, "I am Dark, Destructive, & Dangerous. I slap on my face of happiness but inside I am evil!! For I can be the next kid to bring guns to kill students at school. So parents watch your children cuz I'm BACK!!" (George T., at p. 625.) At least two of the classmates receiving the poem testified that they were frightened after reading it and understood it to be personally threatening. (Id. at pp. 625-627.) The student, however, testified that the poem was not intended to be a threat, it was "'just creativity.'" (Id. at p. 628.) The reviewing court concluded the poem did not constitute a violation of section 422. "As is evident, the poem . . . is ambiguous and plainly equivocal. . . . . . . Unlike some cases that have turned on an examination of the surrounding circumstances given a communication's vagueness, incriminating circumstances in this case are noticeably lacking: there was no history of animosity or conflict between the students , no threatening gestures or mannerisms accompanied the poem , and no conduct suggested to the classmates that there was an immediate prospect of execution of a threat to kill . Thus the circumstances surrounding the poem's dissemination fail to show that, as a threat, it was sufficiently unequivocal to convey . . . an immediate prospect that minor would bring guns to school and shoot students." (George T., at pp. 636-638.)