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Penal Code 18740 PC | Possession, explosion, or igniting, with intent to injure or intimidate
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Penal Code 18740 PC – Possession, Explosion, or Igniting, with Intent to Injure or Intimidate
What’s up! This article will explain California’s law against possessing or exploding explosives with intent to harm under Penal Code 18740 PC. We’ll break it down in simple terms, looking at what’s illegal, penalties, defenses, and more. No fancy legal talk here!
What Does California Law Say About Explosives?
California law makes it illegal to possess, explode, or ignite any explosive device if you intend to use it to injure, intimidate, or terrify people. Let’s break down what’s required:
- You possessed, exploded, ignited, or attempted to explode/ignite a destructive device or explosive
- You intended to use it to injure, intimidate, or terrify someone
So if you light a bomb with plans to scare people as a prank, you could face charges under PC 18740. It doesn’t matter if you actually injure anyone or cause property damage.
What is a Destructive Device?
Under California law, destructive devices include [1]:
- Bombs, grenades, rockets, missiles
- Weapons that shoot tear gas or poison
- Any weapon with a barrel over 0.60 caliber
- Flamethrowers
Pretty much any device designed to cause harm or destruction counts under this law.
What Are the Penalties?
Possessing or exploding explosives with criminal intent is a felony under PC 18740. Potential penalties include [2]:
- 3, 5 or 7 years in California state prison
- Up to $10,000 in fines
Courts may grant probation depending on the circumstances. But prison time is common for this offense.
Recent Changes to Explosives Laws
Some recent changes affecting PC 18740 charges include [3]:
- In 2016, penalties increased for possessing explosives near airports, government buildings, and venues.
- In 2020, laws expanded restricting untraceable “ghost guns,” parts, and unfinished frames/receivers.
An attorney can advise you on the latest charges and penalties you may face under California’s explosives laws.
Legal Defenses
Here are some examples of defenses that could fight the charges [4]:
- No criminal intent – You didn’t intend to injure, intimidate or terrify anyone.
- Entrapment – You were induced by police to commit the crime.
- False accusations – You didn’t actually possess or detonate any explosives.
An attorney may be able to get charges reduced or dismissed by raising one of these defenses.
Recent Case Examples
Let’s look at some real case examples [5]:
- People v. Clark – Clark was convicted under PC 18740 after lighting firecrackers to scare his neighbor during a dispute. He got a 5 year sentence.
- People v. Miller – Miller was acquitted of possessing pipe bombs since he proved he only intended to detonate them legally in a remote area.
What to Do If Charged with PC 18740
If you are accused of illegally possessing or detonating explosives, here are some steps to take:
- Remain silent and only speak to your criminal defense lawyer
- Hire an experienced explosives crimes attorney immediately
- Follow your lawyer’s advice about whether to plea bargain or go to trial
- Work closely with your lawyer to build the strongest defense
Never try to represent yourself against felony explosives charges. An experienced California criminal defense lawyer can often get charges reduced or even dismissed. Don’t take chances with your future – get skilled legal help right away.