CALCRIM No. 2579

Explosive (Pen. Code, § 18720)

The defendant is charged [in Count] with unlawfully possessing a

(substance[,]/[or] material[,]/ [or] combination of substances and

materials) with the intent to make (an explosive/ [or] a destructive

device) [in violation of Penal Code section 18720].

To prove that the defendant is guilty of this crime, the People must

prove that:

1. The defendant possessed a (substance[,]/ [or] material[,]/ [or]

combination of substances and materials);

AND

2. When the defendant possessed (that/those) item[s], (he/she)

intended to make (an explosive/ [or] a destructive device).

[An explosive is any substance, or combination of substances, (1) whose

main or common purpose is to detonate or rapidly combust and (2)

which is capable of a relatively instantaneous or rapid release of gas and

heat.]

[An explosive is also any substance whose main purpose is to be

combined with other substances to create a new substance that can

release gas and heat rapidly or relatively instantaneously.]

[<insert type of explosive from Health & Saf. Code, § 12000>

is an explosive.]

[A destructive device is <insert definition from Pen. Code,

§ 16460>.]

[<insert type of destructive device from Pen. Code, § 16460>

is a destructive device.]

[The term[s] (explosive/ [and] destructive device) (is/are) defined in

another instruction.]

[Two or more people may possess something at the same time.]

[A person does not have to actually hold or touch something to possess

it. It is enough if the person has (control over it/ [or] the right to control

it), either personally or through another person.]

<Defense: Permit>

[The defendant did not unlawfully possess a (substance[,]/ [or]

material[,]/ [or] combination of substances and materials) if (he/she) had

a valid permit to make (an explosive/ [or] a destructive device). The

People have the burden of proving beyond a reasonable doubt that the

defendant did not have a valid permit to make (an explosive/ [or] a

destructive device). If the People have not met this burden, you must

find the defendant not guilty of this crime.]

New January 2006; Revised February 2012