

Any bomb, grenade, explosive missile, or similar device, or any device for launching such a weapon,.Any projectile containing explosive or incendiary material, including the type of ammo known as “ tracer ammunition” (other than tracer ammunition designed for use in shotguns),.Of a destructive deviceĪctual possession is when you have the bomb or other device in your physical possession.Ĭalifornia law defines a “destructive device” as any of the following:
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Note that this section is often charged together with Health & Safety Code 12085, which makes it a crime to make or possess explosives. It is perfectly possible for the prosecutor to charge both Olaf and Anna with constructive possession of the hand grenades. After he is arrested, he tells the police that he and Anna paid for the hand grenades together and consider themselves to both own them. 15 This issue is likely to come up with constructive possession cases.Įxample: Olaf has a roommate named Anna. It is possible for more than one person to possess the same device. And he had constructive possession of the hand grenades-because they were on his property, he is presumed to have control over them. Olaf had actual possession of the Molotov cocktail-he was carrying it. The police then get a California search warrant for his home and find several hand grenades in his garage. 14Įxample: Olaf is arrested while carrying a Molotov cocktail. 13Ĭonstructive possession, on the other hand, is when you have control over the device without actually having possession or custody of it. Under California law, “possession” of a destructive device can occur in two ways:Īctual possession is when you have the bomb or other device in your physical possession. Taken together, these three elements make up the legal definition of possession of a bomb or other destructive device. You knew that what you possessed was a destructive device.You knew that you possessed a destructive device and.In order for you to be guilty of Penal Code 18710 PC, California’s law against possessing destructive devices, the prosecutor must prove the following facts (known as “elements of the crime”):
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Penal Code 18710 PC makes it a crime to possess a “destructive device.” 1. What does it mean to possess a destructive device? If after reading this article, you have additional questions, we invite you to contact us at Shouse Law Group. What are the best defenses to the charge? What are the penalties for a Penal Code 18710 PC conviction? What does it mean to possess a destructive device? In order to help you understand the law, our California criminal defense attorneys will address the following:

(Prior to January 1, 2012, this offense was set out in Penal Code 12303 PC.) 1 2 3 This category includes bombs, grenades, explosive missiles, projectiles containing incendiary material, and certain types of rockets or rocket-propelled projectiles. Penal Code 18710 PC is the California statute that makes it a crime to possess a destructive device.
