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Name: In re Michael D.
Case #: C036107
Court: CA Court of Appeal
District 3 DCA
Opinion Date: 07/16/2002
Subsequent History: Rev. denied 9/25/02.
Summary

The juvenile court sustained a petition alleging that the minor exhibited an imitation firearm against another in such a way as to cause a reasonable person fear, in violation of Penal Code section 417.4. On appeal, the minor argued that the intended victim of the offense did not experience fear, but instead a bystander did, and therefore there was insufficient evidence of the offense. The appellate court here affirmed. The term reasonable person refers to anyone who witnesses the actions of the perpetrator, not just the person against whom the device is exhibited.