In-custody offenses

Penal code section 4502(a) and (b) Weapons and weapons stock

"To show a violation of this statute, the prosecution must prove the defendant was confined in a state prison and that he had knowledge of the prohibited object in his possession."(People v. Strunk (1995) 31 Cal.App.4th 265, 272. Accord People v. Reynolds (1988) 205 Cal.App.3d 776, 779, overruled on another ground in People v. Flood (1998) 18 Cal.4th 470; People v. Patterson (1951) 102 Cal.App.2d 675.)

People v. Custodio (1999) 73 Cal.App.4th 807

"For example, the person would understand that section 4502, subdivision (a) does not apply to a sharpened pencil—which ordinarily is used for a legitimate and necessary purpose—unless the inmate uses the pencil as a weapon." (People v. Custodio (1999) 73 Cal.App.4th 807, 812.)

By prohibiting prison inmates from possessing any instrument or weapon of the kind specified in the statute, section 4502, subdivision (a) is intended to protect inmates and correctional staff “from the peril of assaults with dangerous weapons by armed prisoners[.]” (People v. Wells (1945) 68 Cal.App.2d 476, 481, 156 P.2d 979.) It applies to instruments that can be used to inflict injury and that are not necessary for an inmate to have in the inmate's possession. (People v. Morales, supra, 252 Cal.App.2d at p. 541, 60 Cal.Rptr. 671.)

In order to prove a violation of section 4502, the prosecution must prove that the defendant knowingly possessed the object. (People v. Reynolds (1988) 205 Cal.App.3d 776, 779-780, 252 Cal.Rptr. 637, overruled on other grounds in People v. Flood (1998) 18 Cal.4th 470.)

There is recognized dicta in some cases indicating two possible defenses to a violation of section 4502:(1) the prisoner's life was in imminent danger, and (2) the instrument was required for performance of prison duties, e.g., kitchen or shop work. (People v. Purta, supra, 259 Cal.App.2d at p. 74, 66 Cal.Rptr. 38, citing People v. Crenshaw, supra, 74 Cal.App.2d at p. 30, 167 P.2d 781 [emergency] and People v.. Morales (1967) 252 Cal.App.2d 537, 541, 60 Cal.Rptr. 671 [prison duties]; see also People v. Wells, supra, 261 Cal.App.2d at p. 479, 68 Cal.Rptr. 400; People v. Steely, supra, 266 Cal.App.2d at p. 595, 72 Cal.Rptr. 368; People v. Evans (1969) 2 Cal.App.3d 877, 881-882, 82 Cal.Rptr. 877.)

Penal Code section 4573

• People v. Gastello (2010) 49 Cal.4th 395
• People v. Low (2010) 49 Cal.4th 372

Penal Code section 4574

• People v. Ross (2008) 162 Cal.App.4th 1184