Possession or Explosion of a Destructive Device in a Public Place – California Penal Code § 18715
What Does Penal Code § 18715 Prohibit?
Under California Penal Code § 18715, it is a felony to possess, explode, or intentionally detonate any destructive device or explosive in a public area. The law is designed to protect the public from harm and panic caused by explosives in locations where people gather, such as streets, buildings, or vehicles open to the public.
A “destructive device” includes any bomb, grenade, explosive missile, Molotov cocktail, or similar device capable of causing death, injury, or major property damage. Even possessing such a device without detonating it can be enough to trigger felony charges if it is located in a place accessible to the public.
Elements of the Crime
To convict under § 18715, the prosecution must prove:
- The defendant possessed, exploded, or caused to explode a destructive device or explosive.
- The act occurred in a public place — such as a street, sidewalk, vehicle, or building open to the public.
- The defendant acted willfully and unlawfully.
The law applies whether or not anyone was injured. Simply having a bomb or explosive in a public setting, even if no detonation occurs, is enough for a conviction.
Penalties and Consequences
Violating Penal Code § 18715 is a straight felony punishable by:
- Three, five, or seven years in state prison.
- Formal probation in limited cases.
- Fines up to $10,000.
If the explosion or device causes great bodily injury or death, prosecutors can add sentencing enhancements for each victim, significantly increasing potential prison time. These cases are often treated as “violent felonies” under California’s Three Strikes Law, leading to longer sentences and restricted early-release eligibility.
Related Enhancements
Depending on the circumstances, prosecutors may also pursue:
- PC § 12022.7: +3–6 years for great bodily injury.
- PC § 12022.9: Additional penalties if a pregnant victim suffers injury or miscarriage.
- PC § 18725–18740: Additional penalties for possession or use of explosives near schools, government buildings, or transportation facilities.
- Federal Exposure: Concurrent prosecution under 18 U.S.C. §§ 842–844, which can impose mandatory minimums up to 10 years per count.
Defenses and Legal Strategies
Lack of Knowledge or Intent
The defendant must know they possessed or detonated an explosive device. If the object was placed without their knowledge, or if they believed it to be inert, criminal intent is lacking.
Lawful Possession or Permit
Certain professionals — licensed pyrotechnicians, demolition experts, and film-industry technicians — may legally possess explosives under strict permits. A valid state or federal license is a complete defense.
Unlawful Search and Seizure
Explosives investigations often involve warrantless searches based on “public safety” claims. If law enforcement violated Fourth Amendment requirements, evidence can be suppressed.
Accidental Detonation
If the explosion resulted from mishandling legal materials or from a defective product without intent to cause harm, the required willfulness element is missing.
Comparison to Penal Code § 18720
| Statute | Prohibited Conduct | Intent Required | Maximum Penalty |
|---|---|---|---|
| PC § 18720 | Possessing materials to make a destructive device | Intent to manufacture | 4 years in state prison |
| PC § 18715 | Possessing or exploding a completed device in a public place | Willful possession or detonation | 7 years in state prison |
Why You Should Hire Radford & Rome, LLP
Explosives charges are among the most serious felonies prosecuted in California. Convictions carry heavy prison terms, lifelong criminal records, and often draw federal attention. At Radford & Rome, LLP, our attorneys are former prosecutors with extensive experience handling felony and explosive-device cases across Southern California. We understand how these cases are built, how to challenge improper searches, and how to negotiate reductions or dismissals.
If you are accused under Penal Code § 18715, contact Radford & Rome, LLP today for a confidential consultation. We will evaluate your case, explain your options, and fight to protect your freedom and your future.