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F 12.55 n1 Destructive/Explosive Devices: Knowledge Requirement.
In its Jan. 1994 pocket part, CALJIC has provided instructions for use in destructive device prosecutions under PC 12303, PC 12303.1(a)(b)(c), PC 12303.2, PC 12303.3, PC 12303.6, PC 12308, PC 12309, PC 12310 and PC 12312.
CJ 12.55 includes the requirement that the defendant have knowledge of the presence and nature of the destructive device. However, this requirement is omitted from the other new instructions (CJ 12.55.1 – CJ 12.55.8). (In CJ 12.55.4, the knowledge of the device’s nature is included, but knowledge of its presence is not.) Hence, the knowledge elements should be added to these other instructions where appropriate.
F 12.55 n2 Possession Of Destructive/Explosive Devices: Momentary Possession.
The same principles which apply to momentary possession of weapons or drugs could logically apply, under the appropriate circumstances, to the possession of destructive/explosive devices. (See FORECITE F 12.06a and F 12.43a.)
F 12.55 n3 THIS ENTRY HAS BEEN DELETED.
F 12.55 n4 Possession Of Assault Weapons (PC 12280).
Kasler v. Lockyer (2000) 23 C4th 472 [97 CR2d 334] held that the Roberti-Roos Assault Weapons Control Act of 1989 (PC 12275 et seq.) does not violate due process.