Penal Code § 18710 PC - Destructive Devices
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1. What is Penal Code § 18710 PC?
Penal Code § 18710 PC Law Reads As Followed:
Penal Code § 18710 PC makes it a crime to possess a destructive device, such as bombs, grenades, rockets, and other explosive or incendiary devices. The law defines what constitutes a destructive device and sets out penalties for those found guilty of possessing such devices.
2. What Are Examples of Penal Code § 18710 PC?
Penal Code § 18710 PC makes it illegal to possess a “destructive device” in California. A destructive device is defined as any explosive or incendiary device designed to cause significant damage or harm. The law targets a wide range of items that can be used as weapons, from bombs to rockets, and even objects that may seem harmless but can cause significant destruction when used improperly.
In this article, we’ll explore common examples of destructive devices under Penal Code § 18710 PC.
1. Bombs
One of the most straightforward examples of a destructive device under this law is a bomb. A bomb is an explosive device designed to cause damage or destruction through a chemical or mechanical reaction. This could include homemade bombs, military-grade explosives, or devices intended to explode and harm people or property.
Example: A person found with a homemade bomb in their garage could face charges under Penal Code § 18710 PC if the device is capable of causing significant destruction.
2. Grenades
A grenade is another common example of a destructive device. These typically consist of a small, handheld explosive that is designed to be thrown. Upon detonation, grenades release shrapnel and cause injury or death within their blast radius. Possessing a grenade, even if it is a replica or a harmless version, could lead to criminal charges if it fits the legal definition of a destructive device.
Example: A person found with a live grenade, or even a replica that could easily be converted to a functional explosive, could be charged under Penal Code § 18710.
3. Rocket-Propelled Devices
A rocket-propelled device, such as a rocket launcher or an explosive missile, is considered a destructive device. These are typically military-grade weapons designed to launch explosive projectiles over long distances. In California, possessing such devices without authorization is illegal under Penal Code § 18710 PC.
Example: A person found with a rocket launcher or a rocket-propelled grenade (RPG) without a valid permit would likely be charged under this law.
4. Large-Caliber Firearms
Under Penal Code § 18710 PC, firearms that are greater than 0.60 caliber and capable of firing fixed ammunition are considered destructive devices. This includes large-caliber rifles and handguns, but it does not apply to shotguns, shotgun ammunition, or antique firearms.
Example: A person found in possession of a large-caliber rifle that can fire fixed ammunition and is capable of inflicting significant harm could face charges under this statute.
5. Incendiary Devices
Incendiary devices, such as Molotov cocktails, are included under the definition of destructive devices. These are typically homemade devices made of a glass bottle filled with flammable liquid and a wick. When ignited, these devices are designed to spread fire and cause damage or harm to people, vehicles, or buildings.
Example: A person found with a Molotov cocktail or a similar incendiary device would be charged with possessing a destructive device under Penal Code § 18710 PC.
6. Flammable Liquid Containers
A breakable container containing a flammable liquid with a flashpoint of 150 degrees Fahrenheit or less that is equipped with a wick or similar device capable of being ignited is classified as a destructive device under this law. This includes any container that can be set on fire and cause significant harm when thrown or used improperly.
Example: A person found with a jar of gasoline and a rag attached to it, capable of being lit as a makeshift incendiary device, could face criminal charges under Penal Code § 18710 PC.
7. Explosive Materials
Explosive materials, including dry ice or other chemically reactive substances that are assembled to create an explosion, are also considered destructive devices. This could involve materials that are capable of causing an explosion when combined or activated in a certain way.
Example: A person found in possession of dry ice in a sealed container designed to explode when the container is opened would be charged with possessing a destructive device under Penal Code § 18710.
8. Tracer Ammunition (Excluding Shotgun Use)
Tracer ammunition is a type of ammunition that contains a chemical substance that causes a visible light trail when fired. This type of ammunition can be classified as a destructive device under California law if it is designed for use in firearms that are greater than 0.60 caliber (excluding shotguns).
Example: A person in possession of large-caliber tracer ammunition intended for use in a rifle would face charges under this statute.
9. Sealed Devices Containing Reactants
Devices that contain chemicals like dry ice or other reactive materials that are intended to explode are also considered destructive devices. These materials can cause dangerous chemical reactions when activated, leading to explosions or fire hazards.
Example: A sealed device containing dry ice, which is designed to explode upon opening, would be classified as a destructive device under Penal Code § 18710.
10. Devices for Launching Explosives
Devices that are specifically designed for launching explosive weapons or projectiles, such as missile launchers or devices capable of firing explosive projectiles, are categorized as destructive devices. These types of devices are typically reserved for military or specialized applications and are illegal for civilian possession.
Example: A person found with a military-grade missile launcher that is capable of firing explosive projectiles would be charged under this law.
3. What are Common Defenses Against Penal Code § 18710 PC?
Being charged under Penal Code § 18710 PC for possession of a destructive device is a serious offense in California. It can result in severe penalties, including prison time and fines. However, like any criminal charge, there are several possible defenses that could be used to contest the charges, reduce the severity of the punishment, or even get the charges dropped altogether.
In this article, we will explore the common defenses used by criminal defense attorneys to fight Penal Code § 18710 PC charges related to possessing destructive devices.
1. Lack of Knowledge of Possession
One of the most common defenses in possession cases, including those involving destructive devices, is the lack of knowledge that the defendant was in possession of the device. Under Penal Code § 18710 PC, to be convicted of possessing a destructive device, the prosecutor must prove that you knew you had the device and that the device was a destructive device.
Example: If a person inherits a collection of items from a deceased relative, and among those items are illegal explosive devices like grenades, the person may not be aware that these devices are present in their possession. If the defendant did not know they had the destructive device, they may not be guilty under this statute.
2. No Knowledge That the Item Was a Destructive Device
Another key element of Penal Code § 18710 PC is that the defendant must know that the object they possess is a destructive device. If the defendant believes they are possessing an item that is not a destructive device or thinks it is something legal (like a harmless replica), they cannot be convicted.
Example: If someone is given a grenade as a “prop” by a friend, believing it is a replica or a fake, they would not be guilty under this law because they didn’t know they were holding an actual destructive device.
3. The Item Is Not a Destructive Device
Sometimes, a destructive device may be mistakenly identified by law enforcement or prosecutors. A skilled defense attorney can challenge whether the object in question truly qualifies as a “destructive device” under the law.
The legal definition of a destructive device is very specific. For instance, certain types of large-caliber ammunition or items that might appear to be dangerous may not technically meet the criteria of a “destructive device.”
Example: If an individual is arrested for possessing an item that appears to be an explosive but is actually a non-functional object, such as a prop grenade or a replica device, it may not meet the legal definition of a destructive device under Penal Code § 18710 PC.
4. You Have a Valid Permit
Under California law, certain individuals may legally possess otherwise illegal devices, such as explosives or destructive devices, if they have a valid permit issued by the California Department of Justice. This is known as an affirmative defense.
If the defendant can provide proof of having the proper legal permit, the charges can be dismissed. The burden of proof will be on the defendant to show that they had a valid permit, but if they succeed, they can avoid criminal liability.
Example: A licensed fireworks operator or a law enforcement officer may possess explosive devices under their permit. If they can demonstrate that they had the necessary permit for possession, they cannot be convicted under Penal Code § 18710 PC.
5. Falsely Accused or Wrongfully Arrested
It is always possible that someone could be falsely accused of possessing a destructive device. A common situation is when an item is planted in someone’s vehicle or home without their knowledge, leading to wrongful charges.
If the defense attorney can show that the defendant was framed or that they had no control over the device in question, the charges may be dropped.
Example: A person could be wrongfully accused of possessing a destructive device if someone else places the device in their car or on their property, and the defendant was unaware of its existence.
6. Illegal Search and Seizure
One of the most critical legal defenses in criminal cases is the violation of constitutional rights. If the destructive device was found through an illegal search or seizure, the evidence obtained from that search may be excluded from the trial.
Under the Fourth Amendment, law enforcement must have probable cause, a valid search warrant, or the defendant’s consent to search their property. If the search that led to the discovery of the destructive device was unlawful, the charges may be dropped.
Example: If law enforcement searches someone’s home without a warrant, without probable cause, or without the defendant’s consent, and finds a destructive device, the defendant’s attorney may file a motion to suppress the evidence and have the charges dismissed.
7. Exemption from Prosecution
Certain individuals are exempt from prosecution under Penal Code § 18710 PC. These include:
Law enforcement officers acting within the scope of their duties
U.S. Armed Forces personnel on duty and acting within the scope of their employment
Firefighters on duty and acting within the scope of their employment
If the defendant falls into one of these exempt categories, they cannot be prosecuted for possessing a destructive device under this statute.
Example: A military officer who is authorized to possess military-grade explosives for work purposes would not be prosecuted for possession of such a device.
8. Constructive Possession Defense
In some cases, the defense may argue that while the defendant may have had constructive possession of the device (i.e., they had control over it even if it wasn’t physically in their possession), they did not actually possess the device or have the ability to control it.
Example: If a person is arrested in their home where a destructive device is found, but they can prove they had no knowledge or control over the device, the charge may be challenged on the grounds of lack of actual possession.
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4. What are The Penalties for Violating Penal Code § 18710 PC?
In California, the possession of a destructive device is governed by Penal Code § 18710 PC. This law makes it illegal to possess items such as bombs, grenades, explosive missiles, and other dangerous devices. Possessing these kinds of weapons can lead to severe legal consequences, and understanding the penalties for violating Penal Code § 18710 PC is crucial for anyone facing charges under this statute.
In this article, we will explore the potential penalties for violating Penal Code § 18710 PC and discuss how factors like criminal history and the circumstances of the offense can influence the severity of the penalties.
Penal Code § 18710 PC criminalizes the possession of destructive devices. These devices are defined broadly and can include bombs, grenades, explosive projectiles, and certain types of ammunition, as well as incendiary devices like Molotov cocktails. The law is designed to protect public safety by preventing the possession of items that can cause mass harm, destruction, or injury.
Penalties for Violating Penal Code § 18710 PC
Penal Code § 18710 PC is considered a wobbler offense in California, which means that it can be prosecuted as either a misdemeanor or a felony depending on the facts of the case, including the defendant’s criminal history and the specific circumstances of the offense.
1. Misdemeanor Penalties
If the offense is prosecuted as a misdemeanor, the penalties are generally less severe but still significant. The maximum penalties for a misdemeanor conviction under Penal Code § 18710 PC can include:
Up to one year in county jail: The defendant could be sentenced to jail time in a county facility, but this would typically be the maximum sentence.
A fine of up to $1,000: The defendant may also be ordered to pay a fine as part of their penalty.
Misdemeanor charges are typically applied in cases where the defendant has no prior criminal record or when the circumstances of the offense do not suggest a high level of danger to the public.
2. Felony Penalties
If the offense is prosecuted as a felony, the consequences are much more serious. Felony charges may be pursued if the defendant has a criminal record, if the offense was committed in a particularly dangerous or reckless manner, or if other aggravating factors are present.
The penalties for a felony conviction under Penal Code § 18710 PC can include:
16 months, 2 years, or 3 years in state prison: A felony conviction under this statute carries the possibility of significant prison time, with the length of the sentence depending on the severity of the offense and the defendant’s criminal history.
A fine of up to $10,000: In addition to prison time, the defendant may be ordered to pay a substantial fine, which can be as high as $10,000.
3. Probation
In cases where the defendant is convicted of possessing a destructive device, probation is generally not an option. Unlike many other criminal offenses in California, a conviction under Penal Code § 18710 PC does not typically allow the judge to sentence the defendant to probation in lieu of jail or prison time.
This means that those convicted of possessing a destructive device are likely to face either jail or prison time and cannot expect to be given probation instead of incarceration, even for a first offense.
Enhanced Penalties Under Penal Code § 18715 PC
In certain circumstances, the penalties for possessing a destructive device can be enhanced under Penal Code § 18715 PC. This statute provides for harsher penalties if the possession of a destructive device is deemed reckless or malicious and occurs in one of the following locations:
A public street or highway
Near or in public buildings such as schools, theaters, churches, hotels, or other places of public assembly
Near private residences
In or near a vehicle used for public transportation, such as an aircraft, passenger train, or a vessel
Near any other public place typically frequented by people
If the prosecutor is able to prove that the defendant’s actions were reckless or malicious, the penalties can be significantly more severe. These enhanced penalties can include:
2 years, 4 years, or 6 years in state prison: If the possession was reckless or malicious, the defendant may face a prison sentence that is longer than what is typically imposed for a regular felony conviction under Penal Code § 18710.
Consequences for Non-Citizens
For non-citizens, a conviction under Penal Code § 18710 PC can have serious immigration consequences. Possessing a destructive device is considered a deportable offense under U.S. immigration law, which means that a non-citizen convicted of this crime could face deportation or removal proceedings.
In addition to facing the penalties imposed by California law, non-citizens convicted under this statute could also be barred from re-entering the United States or face other adverse immigration consequences.
Confiscation and Destruction of the Destructive Device
In addition to prison time and fines, a conviction for possessing a destructive device under Penal Code § 18710 PC will likely result in the confiscation and destruction of the device. The law allows law enforcement to seize and destroy any destructive devices that are unlawfully possessed. This serves as both a penalty and a measure to protect the public from potential harm.
What Happens After a Conviction?
After a conviction for violating Penal Code § 18710 PC, the individual may face the following additional consequences:
Criminal Record: A felony conviction for possession of a destructive device can have long-lasting effects on an individual’s criminal record, making it difficult to find employment or housing.
Civil Lawsuits: In some cases, individuals may also face civil lawsuits if their possession of a destructive device caused harm or damage to another person or property.
5. What Are the Related Offenses To Penal Code § 18710 PC?
Penal Code § 18710 PC in California criminalizes the possession of destructive devices, such as bombs, grenades, rockets, and other dangerous explosives. A conviction under this law can lead to serious penalties, including prison time, hefty fines, and the confiscation of the dangerous device. However, California law also contains several other offenses that are closely related to Penal Code § 18710 PC, each addressing different aspects of the unlawful possession, manufacture, or use of explosives and destructive devices.
In this article, we will explore the related offenses to Penal Code § 18710 PC, including those that involve the manufacture, sale, transportation, and use of explosive devices, as well as other crimes that involve dangerous weapons and explosives.
1. Penal Code § 18720 PC – Possession of Materials to Make a Destructive Device
Penal Code § 18720 PC makes it a crime to possess materials with the intent to manufacture a destructive device or explosive. This offense applies if an individual is found with the materials necessary to make a bomb, grenade, or other destructive device, even if they haven’t yet created the device itself.
Example: A person found in possession of chemicals and other materials that could be used to make a bomb might be charged under this statute, even if no device has been assembled yet.
This law is often used in cases where law enforcement intercepts individuals preparing to create explosive devices, acting as a precursor to actual possession of destructive devices.
2. Penal Code § 18730 PC – Sale or Transportation of Destructive Devices
Under Penal Code § 18730 PC, it is a criminal offense to sell or transport destructive devices, such as bombs, grenades, or explosive missiles. This law goes beyond just possessing destructive devices and extends to those who deal in these dangerous items, including distributing or transporting them illegally.
Example: A person who sells or ships grenades or explosive materials without the proper permits could face charges under this statute.
Penalties for violating this law can be severe, as it involves not only possessing a dangerous device but also contributing to its distribution and potential harm.
3. Penal Code § 18740 PC – Possessing, Exploding, or Igniting a Destructive Device With Intent to Injure or Commit Murder
Penal Code § 18740 PC criminalizes the possession, detonation, or ignition of a destructive device with the intent to cause harm or injury to others. This statute is aimed at individuals who use explosive devices as weapons, intending to harm people or property.
The crime can also include intending to intimidate or terrorize another person with the device, which could include acts of domestic terrorism or targeted violence.
Example: A person who explodes a bomb in a crowded public place with the intent to harm others could face charges under Penal Code § 18740 PC. The penalties for this offense are severe and can result in significant prison time.
This offense is particularly serious because it involves malicious intent and the active use of explosives to cause injury, which can lead to longer prison sentences if convicted.
4. Penal Code § 18745 PC – Exploding a Destructive Device With Intent to Commit Murder
If a person ignites or explodes a destructive device with the specific intent to commit murder, they can be charged under Penal Code § 18745 PC. This statute specifically targets individuals who use explosives as a means to cause death, and it applies to cases where the individual’s primary goal is to kill another person.
Example: If a person intentionally uses an explosive device to kill someone, they could be charged with murder under this section, and if convicted, they may face life imprisonment without the possibility of parole.
The seriousness of this charge is reflected in its penalties, which are designed to reflect the dangerous, premeditated nature of the offense.
5. Penal Code § 18750 and § 18755 PC – Exploding a Destructive Device and Causing Injury or Death
If someone willfully and maliciously explodes a destructive device and causes injury or death to another person, they can be charged under Penal Code § 18750 PC or Penal Code § 18755 PC, depending on the severity of the harm caused.
Penal Code § 18750 PC covers the explosion of a device that causes injury to someone, and penalties can range from 5 to 9 years in prison.
Penal Code § 18755 PC applies if the explosion results in great bodily injury (GBI) or death. A conviction for causing death through an explosion can result in life imprisonment.
Example: A person who intentionally sets off an explosive device in a public area, leading to the injury of multiple people, could be charged under Penal Code § 18750.
These laws impose severe penalties for individuals who deliberately use explosive devices to harm others.
6. Penal Code § 464 PC – Burglary with Explosives
Penal Code § 464 PC makes it a crime to commit burglary with explosives. This crime involves using explosives, such as bombs or dynamite, to force entry into a building (for example, to break into a safe or vault).
Example: A person who enters a bank intending to steal money and uses dynamite to break into the vault could face charges under Penal Code § 464 PC.
Burglary with explosives is a felony offense with severe consequences, including 3 to 7 years in prison.
7. Penal Code § 12303.3 PC – Possessing a Destructive Device in a Public Place
Under Penal Code § 12303.3 PC, it is a crime to possess a destructive device in a public place with the intent to harm or intimidate others. This includes parks, schools, and any public location where there is a risk to public safety.
Example: If a person brings a bomb into a public area with the intent to cause harm or frighten others, they can face criminal charges under this section.
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