California Penal Code Section 18710 prohibits the illegal possession of destructive devices other than fixed ammunition of a caliber greater than 0.60 inches.
The prosecutor must establish the following elements to prove that the defendant is guilty under California PC Section 18710 possessing destructive or explosive devices.
In California a destructive device is defined as the following:
In California, there are many prohibited devices and weapons and some of them include bombs, missiles, rocket or grenade launchers, and land mines
According to California law possession of destructive devices can be actual and constructive. Actual possession is when the defendant has the dives in his physical possession. Constructive possession occurs when a defendant has control over the device but doesn’t have actual possession over it. Consequently, a defendant doesn’t have to actually touch or hold the device for it to qualify as a possession.
Penalties for a PC section 1817 conviction is a wobbler and can be punished as either a misdemeanor or a felony, depending on the defendant’s criminal history and the case facts.
Penalties for misdemeanor penal code 18710 conviction include the following:
Penalties for felony penal code 18710 conviction include the following:
Under PC 18715 reckless or malicious possession of a destructive device in the following locations can increase the sentence:
The defendant will face felony penalties of two, four, or six years in state prison.
In case the prosecutor establishes that defendant had the intention to intimidate, injure, or terrify a person, or to wrongfully destroy or injure or property under PC 18740 the penalties include three, five, or seven years in state prison.
In case the defendant had malicious intent to injure another person with the device under under PC 18755 the penalties include five, seven, or nine years imprisonment in state prison.
In addition to state criminal liability, a person may be subject to federal liability. Under 18 U.S. Code § 844, it is unlawful to:
It is a federal crime to do so without a license. If the device is discovered during the commission of another crime or near critical facilities such as:
The case may be transferred to federal jurisdiction.
In addition to incarceration and fines, a conviction under the Explosives Possession Statute carries collateral consequences. These include:
And for aliens:
In addition, if the offense is found to be related to street gang activity, the court may order the convicted person to register as a gang member. Contact KAASS LAW at (310) 943-1171 for a consultation.
In case the defendant caused death to another person under PC 18755, the penalties include a life sentence without the possibility of parole.