What is the test for a charge of possession of a prohibited substance under the California Criminal Code?

California, United States of America


The following excerpt is from People v. Strunk, 31 Cal.App.4th 265, 36 Cal.Rptr.2d 868 (Cal. App. 1995):

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. Reynolds (1988) 205 Cal.App.3d 776, 779, 252 Cal.Rptr. 637.) While the knowledge requirement is consistent with general intent instructions, some specific instruction concerning knowledge of actual or constructive possession must also be given. (Id. at pp. 780-782, 252 Cal.Rptr. 637.) Such requirement, however, does not make it a specific intent crime.

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