Review of Explosive Device Crimes, Penalties, and Defenses
In the dangerous climate of today, we are forced to consider many types of harm that can occur. Political and social instability has increased violence involving weapons and destructive materials.
To combat this, both state and federal governments have adopted several regulations to prevent harm. Explosives are highly regulated, and only certain people can possess, transport, or use explosives in any way.
In California, it is even illegal to possess a combination of substances and materials that can be used to make an explosive device.
One of the primary laws, California Penal Code 18710 PC, makes it a crime to possess a “destructive device” that includes grenades, bombs, explosive missiles, projectiles with incendiary material, and other types of rocket-propelled projectiles.
Note this statute prohibits simple possession of one of these devices, meaning someone doesn't have to have any intent to explode or use them in any manner to be charged with a crime.
PC 18710 possession of explosives is a “wobbler” that can be filed as a misdemeanor or felony offense. This offense is discussed in detail below.
When law enforcement or the prosecutor attempts to pursue an explosive device case, they must also prove criminal intent.
A prosecutor would need to demonstrate that the combination of substances and materials that were found would be used to make an explosive device.
Simply having household materials at home that can create explosives when combined is not illegal.
Our Los Angeles criminal defense attorneys will review all the relevant laws below for possessing explosives or destructive devices.
There are two main types of explosive device crimes under California law. They are listed and explained below.
Penal Code 18710 PC - Possession of a Destructive or Explosive Device
As noted, this crime involves the knowing illegal possession of a destructive or explosive device.
This can include bombs, grenades, mines, and rocket launchers. An individual can possess these items if they have the proper permits, or their employment permits the possession or use of a destructive or explosive device.
To be found guilty of violating Penal Code 18710 PC, possessing destructive devices, the prosecutor has to prove all the elements of the crime beyond a reasonable doubt:
- You had a destructive device; and
- You knew what you possessed was a destructive device; and
“Possession” means you had control over the device and does not require actual physical possession.
A “destructive device” is a broad term and includes any explosive or incendiary material listed above, but also ammunition and a weapon greater than a .60 caliber that fires fixed ammo.
If convicted, misdemeanor penalties include up to one year in the county jail and a fine of up to $1,000. A felony conviction carries sixteen months, two, or three years in California.
There are enhanced penalties for certain situations defined under Penal Code 18715 PC, including felony charges and up to six years in prison.
The enhanced penalties apply if you possess an explosive device recklessly or maliciously, on a public street or highway, near a theater or school, on an airplane or train, or near any other public place ordinarily passed by people.
Penal Code 18720 PC - Possession of Destructive Device Materials
This involves the knowing illegal possession of materials that can be used to create a destructive or explosive device, including chemicals, dynamite, gunpowder, nitroglycerine, fertilizer, and clock timers.
Individuals can possess these items individually or collectively if there is no criminal intent to create a destructive or explosive device.
Like above, to convict you of violating Penal Code 18720, possession of explosive materials, the prosecutor has to prove all the elements of the crime:
- You possessed a substance or material, or a combination of both, and
- You had the intent to make an explosive or a destructive device.
Again, “possession” of a substance or material means you had control over it directly or through a third party. You don't have to have physical possession.
Violating PC 18720 is always a serious felony crime that carries the following penalties:
- Up to four years in state prison,
- A fine of up to $10,000.
Both destructive devices and explosive devices are specifically defined under California law.
What are California Statutes Associated with Explosive Device Crimes?
The California statutes that regulate explosive device crimes can be found within the California Penal Code 18710 – 18780. They are listed and explained below.
Penal Code 18710 PC – Anyone who possesses a destructive device is guilty of a public offense. A conviction under this section is punishable by up to one year in jail and up to a $10,000 fine.
Penal Code 18715 PC – Anyone who recklessly or maliciously possesses a destructive device is guilty of a felony if kept on or near:
- a public street,
- highway,
- theater,
- school,
- church,
- hotel,
- railroad, or
- any place usually passed by people.
A conviction under this section is punishable by two, four, or six years of imprisonment.
Penal Code 18720 PC – Anyone who possesses materials to be used in making a destructive or explosive device is guilty of a felony, and a conviction under this section is punishable by two, three, or four years of imprisonment.
Penal Code 18725 PC – Anyone who carries a destructive or explosive device on any vessel, aircraft, car, or puts a destructive or explosive device in checked baggage is guilty of a felony. A conviction under this section is punishable by two, four, or six years of imprisonment.
Penal Code 18730 PC – Anyone who sells or offers a destructive device is guilty of a felony. A conviction under this section is punishable by two, three, or four years of imprisonment.
Penal Code 18735 PC – Anyone who sells or offers for sale greater than 0.60 caliber ammunition is guilty of a public offense, and a conviction can result in six months in jail or up to one year in jail for a second offense.
Penal Code 18740 PC – Anyone who explodes or ignites an explosive or destructive device with the intent to injure is guilty of a felony, and a conviction is punishable by three, five, seven years.
Penal Code 18745 PC – Anyone who explodes or ignites an explosive or destructive device with the intent to murder is guilty of a felony and can be punished by up to life in prison.
Penal Code 18750 PC – Anyone who willfully and maliciously explodes or ignites an explosive or destructive device that causes injury is guilty of a felony and can be punished by five, seven, or nine years in prison.
Penal Code 18755 PC – Anyone who willfully and maliciously explodes or ignites an explosive or destructive device that kills someone is guilty of a felony and faces life in prison without parole.
Penal Code 464 PC – Anyone who enters a building to commit a crime then uses explosives to open a safe or vault. This statute is known as “burglary with explosives” and punished by a felony sentence of up to seven years in jail.
Penal Code 11418 PC – Anyone who possesses, manufactures, or acquires a weapon of mass destruction (WMD).
What Are the Best Defenses?
If you were arrested and charged with an explosive device offense, our criminal defense lawyers could help you. We can use several strategies to get your charges reduced, dismissed, or acquittal at trial.
Perhaps the item does not qualify as a destructive device as defined law. Maybe you had a valid permit to possess the device.
Perhaps we can raise sufficient reasonable doubt on the elements of the crime that the prosecutor can't obtain a conviction.
Perhaps you were falsely accused and wrongly arrested or the victim of mistaken identity. Finally, maybe the evidence against you resulted from law enforcement's illegal search and seizure.
Through prefiling intervention, negotiation with the prosecution might be possible to avoid the formal filing of charges in the first place, known as a “DA reject.”
Eisner Gorin LLP is located in Los Angeles County and serves people throughout Southern California, including Ventura County, Orange County, Santa Barbara, Riverside, and San Bernardino. You can contact our law firm for an initial consultation at (877) 781-1570 or fill out our contact form.
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