McDaniel

tion by jury of threatening a witness (Pen. Code, § 140) and a finding that he had previously been convicted of a felony within the meaning of Penal Code section 667.5, subdivision (b). He contends that the trial court failed to properly instruct the jury on the elements of section 140 and the requisite intent to commit it. He asserts that threatening a witness under section 140 is a specific intent crime and, further, that CALJIC No. 1.21 defining “knowledge” should have been given.

We hold that threatening a witness under section 140 is a general intent crime and that an instruction on knowledge is not required. We affirm the judgment.

Facts

On February 16, 1992, Randy Dionne, a Santa Maria taxi driver, overheard two juveniles discussing the theft of some money. One of the juveniles, appellant’s son (hereinafter McDaniel), asked Dionne if he thought that someone could go to jail for taking money even if no one saw him. When McDaniel pulled out a sock full of money from which to pay the cab fare, Dionne asked if he was talking about himself. McDaniel admitted he was.

Dionne took down the names of the two youths on an application for a discount ride program with the…