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Penal Code 18720 PC | Possession of Destructive Device Materials
Penal Code 18720 PC – Possession of Destructive Device Materials in California
California Penal Code 18720 PC makes it illegal to possess materials for making destructive devices like bombs without a permit. This law states that “Every person who possesses any substance, material, or any combination of substances or materials, with the intent to make any destructive device or any explosive without first obtaining a valid permit to make that destructive device or explosive, is guilty of a felony.”
So what does this mean? Let’s break it down:
- You possessed substances or materials that can be used to make a bomb or other destructive device
- You intended to use those materials to actually build a destructive device
- You did not have a valid permit allowing you to make destructive devices
If all three of those elements are met, you can be convicted of a felony under PC 18720. This is a serious charge that carries up to 4 years in state prison.
What Materials Are Covered Under PC 18720?
There is no set list of “bomb making materials” in California law. Instead, any substance or material that could be used to construct a destructive device is covered. Some common examples include:
- Fertilizer
- Gunpowder
- Pipes
- Wires
- Chemicals like acetone or hydrogen peroxide
- Blasting caps or detonators
Of course, many of these materials have perfectly legal uses. So the prosecution has to prove you specifically intended to use them for making bombs or other illegal destructive devices.
What is a Destructive Device?
California law defines a destructive device as:
- Any projectile containing an explosive or incendiary material
- Any bomb, grenade, rocket having a propellant charge of more than four ounces, or missile having an explosive charge of more than one-quarter ounce
- Any weapon that can convert ammunition into a projectile by explosion or other means of propulsion (for example, a potato gun)
- Any breakable container that contains flammable liquid with a flashpoint of 150 degrees or less, with a wick or similar device that could ignite it (like a Molotov cocktail)
So if you possessed materials intending to make any of those types of devices, you could face charges under PC 18720.
Penalties for Violating PC 18720
Possessing materials for a destructive device is a felony in California. Potential penalties include:
- 2, 3 or 4 years in California state prison
- Up to $10,000 in fines
Instead of prison, a judge has the discretion to sentence you to felony probation. But this is still a “strike” on your record under California’s Three Strikes Law.
Legal Defenses to PC 18720 Charges
Some of the most common defenses to possessing destructive device materials include:
- You did not intend to make a bomb or destructive device – As mentioned, the prosecution has to prove your intent. So if you had a lawful purpose for possessing the materials in question, you are not guilty under PC 18720.
- You had a valid permit – There are permits available in California to manufacture explosives or destructive devices legally. If you had such a permit, that is a complete defense to charges under this law.
- Illegal search – If the materials were discovered through an illegal search by police, any evidence found may be excluded. This could get the charges against you dropped.
There are other similar laws in California that prohibit making, possessing or using destructive devices:
- PC 18710 – Possessing a completed destructive device like a pipe bomb or grenade.
- PC 16590 – Making, selling or transporting dangerous weapons like bombs, machine guns, zip guns, etc.
- PC 11418 – Possessing or making weapons of mass destruction like nuclear, chemical or biological weapons.
Violating these laws can also lead to felony charges and stiff sentences. Having an experienced criminal defense lawyer can help you fight the charges and achieve the most favorable outcome possible.
Finding a Lawyer for Help with PC 18720 Charges
Facing charges for possessing materials to make a destructive device can have severe consequences for your future. But an experienced California criminal defense attorney can advise you of your rights and build the strongest defense to have charges reduced or dismissed.
To discuss your case in a free and confidential consultation, contact a lawyer near you today. With an aggressive legal defense, you can avoid harsh penalties like years in prison and a felony on your record.