People V. M. - California Supreme Court

People V. M.

By California Supreme Court

  • Release Date: 2000-07-31
  • Genre: Law

Description

Jorge M., a minor, was adjudicated a ward of the juvenile court and ordered into a juvenile camp program, in part because he was found to have been in possession of an assault weapon, in violation of Penal Code*fn1 section 12280, subdivision (b) (hereafter section 12280(b)). The Court of Appeal reversed that finding on the ground the record contained insufficient evidence the minor knew the firearm had the characteristics bringing it within the definition of an assault weapon under the Assault Weapons Control Act (ยงยง 12275-12290 (hereafter the AWCA)), a mental element the Court of Appeal found implicit in section 12280(b) despite the absence of any express scienter language in the statute itself.