SECTIONS 18710-18780 - California Statutes

PENAL CODE

SECTION 18710-18780

18710. (a) Except as provided by this chapter, any person, firm, or
corporation who, within this state, possesses any destructive
device, other than fixed ammunition of a caliber greater than .60
caliber, is guilty of a public offense.
(b) A person, firm, or corporation who is convicted of an offense
under subdivision (a) shall be punished by imprisonment in the county
jail for a term not to exceed one year, or in state prison, or by a
fine not to exceed ten thousand dollars ($10,000), or by both this
fine and imprisonment.

18715. (a) Every person who recklessly or maliciously has in
possession any destructive device or any explosive in any of the
following places is guilty of a felony:
(1) On a public street or highway.
(2) In or near any theater, hall, school, college, church, hotel,
or other public building.
(3) In or near any private habitation.
(4) In, on, or near any aircraft, railway passenger train, car,
cable road, cable car, or vessel engaged in carrying passengers for
hire.
(5) In, on, or near any other public place ordinarily passed by
human beings.
(b) An offense under subdivision (a) is punishable by imprisonment
in the state prison for a period of two, four, or six years.

18720. 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, and is punishable by imprisonment in the state prison for
two, three, or four years.

18725. Every person who willfully does any of the following is
guilty of a felony and is punishable by imprisonment in the state
prison for two, four, or six years:
(a) Carries any destructive device or any explosive on any vessel,
aircraft, car, or other vehicle that transports passengers for hire.
(b) While on board any vessel, aircraft, car, or other vehicle
that transports passengers for hire, places or carries any
destructive device or any explosive in any hand baggage, roll, or
other container.
(c) Places any destructive device or any explosive in any baggage
that is later checked with any common carrier.

18730. Except as provided by this chapter, any person, firm, or
corporation who, within this state, sells, offers for sale, or
knowingly transports any destructive device, other than fixed
ammunition of a caliber greater than .60 caliber, is guilty of a
felony and is punishable by imprisonment in the state prison for two,
three, or four years.

18735. (a) Except as provided by this chapter, any person, firm, or
corporation who, within this state, sells, offers for sale,
possesses or knowingly transports any fixed ammunition of a caliber
greater than .60 caliber is guilty of a public offense.
(b) Upon conviction of an offense under subdivision (a), a person,
firm, or corporation shall be punished by imprisonment in the county
jail for a term not to exceed six months or by a fine not to exceed
one thousand dollars ($1,000), or by both this fine and imprisonment.
(c) A second or subsequent conviction shall be punished by
imprisonment in the county jail for a term not to exceed one year, or
by imprisonment in the state prison, or by a fine not to exceed
three thousand dollars ($3,000), or by both this fine and
imprisonment.

18740. Every person who possesses, explodes, ignites, or attempts
to explode or ignite any destructive device or any explosive with
intent to injure, intimidate, or terrify any person, or with intent
to wrongfully injure or destroy any property, is guilty of a felony,
and shall be punished by imprisonment in the state prison for a
period of three, five, or seven years.

18745. Every person who explodes, ignites, or attempts to explode
or ignite any destructive device or any explosive with intent to
commit murder is guilty of a felony, and shall be punished by
imprisonment in the state prison for life with the possibility of
parole.

18750. Every person who willfully and maliciously explodes or
ignites any destructive device or any explosive that causes bodily
injury to any person is guilty of a felony, and shall be punished by
imprisonment in the state prison for a period of five, seven, or nine
years.

18755. (a) Every person who willfully and maliciously explodes or
ignites any destructive device or any explosive that causes the death
of any person is guilty of a felony, and shall be punished by
imprisonment in the state prison for life without the possibility of
parole.
(b) Every person who willfully and maliciously explodes or ignites
any destructive device or any explosive that causes mayhem or great
bodily injury to any person is guilty of a felony, and shall be
punished by imprisonment in the state prison for life.

18780. A person convicted of a violation of this chapter shall not
be granted probation, and the execution of the sentence imposed upon
that person shall not be suspended by the court.