California, United States of America
The following excerpt is from People v. Godwin, 31 Cal.App.4th 1112, 37 Cal.Rptr.2d 708 (Cal. App. 1995):
While the statute seems to make it a crime to intend to injure any person or destroy any property, we cannot look to just these words to ascertain the meaning of the statute. There appear to be no California cases discussing what is meant by the term "wrongfully injure or destroy any property" within the context of Penal Code section 12303.3, but other similar statutes criminalize the destruction of one's own property only if there is an intent to defraud or injure another person or another person's property. Penal Code section 451, subdivision (d), provides that arson is a felony but that "arson of [31 Cal.App.4th 1117] property does not include one burning or causing to be burned his or her own personal property unless there is an intent to defraud or there is injury to another person or another person's structure, forest land, or property." (See People v. Foster (1981) 114 Cal.App.3d 421, 430-431, 170 Cal.Rptr. 597.)
Similarly, there appear to be no California cases discussing the term "any person" within the context of Penal Code section 12303.3. 2 The court in People v. Poulin (1972) 27 Cal.App.3d 54, 59-61, 103 Cal.Rptr. 623, however, in determining that the term, "great bodily injury" within the meaning of Penal Code section 12310 was not unconstitutionally vague, noted in dictum that the term "any person" meant another person. Support for this position is found in the new 1993 jury instructions, CALJIC 12.55.6 and CALJIC 12.55.7, which first track the statutory language including the term "to any person" and then require in pertinent part that to prove violations the explosion of the destructive device must have caused another person to suffer bodily injury, great bodily injury, mayhem or death.
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