California, United States of America
The following excerpt is from The People v. Hernandez, Consol. with G043248, G043247, Super. Ct. No. 09NF2121, Super. Ct. No. 09NF2339 (Cal. App. 2010):
The prosecution did not have to show defendant intended to use the object as a weapon to uphold the trial court's decision. "Section 4502... serves an objective demanding relative inflexibility. Its objective is protection of inmates and prison officials against assaults by armed prisoners. It is one of the stringent statutes governing prison safety. Thus,... California decisions place section 4502 among the statutes whose violation does not depend upon proof of guilty intent, holding that its prohibition is absolute [citation]." (People v. Evans (1969) 2 Cal.App.3d 877, 881.) "Proof of knowing possession of such an instrument by a[n]... inmate is sufficient for conviction. The prosecution is not required to prove the intent or purpose for which the instrument is so possessed. [Citations.]" (People v. Steely (1968) 266 Cal.App.2d 591, 594; see also People v. Evans, supra, 2 Cal.App.3d at p. 881.) Thus, the evidence supports the trial court's finding defendant violated section 4502, subdivision (a).
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