In Re Michael D.

The juvenile court sustained a petition alleging the minor, Michael D., violated Penal Code section 417.4, exhibiting an imitation firearm against another in such a way as to cause a reasonable person apprehension or fear of bodily harm. On appeal, the minor asserts, among other things, he did not violate Penal Code section 417.4 because the person against whom he exhibited the imitation firearm did not experience apprehension or fear. Instead, a bystander experienced apprehension or fear. We conclude the minor violated the statute and therefore affirm.

Facts

On January 25, 2000, Kathy Russell was employed at John Sloat Basic Elementary School as an office manager. Around 1:30 p.m., while school was in session and the children were in their classes, Russell heard people talking on the playground next to the office—voices of people older than the elementary schoolchildren. She went to the window and saw three teenage boys on the playground, apparently acting silly and laughing. The minor, who was one of the boys on the playground, was holding what appeared to be a handgun. He was pointing it straight out at a smaller boy, Andre A., from a distance of about 15 feet. Andre…