(a)Every person who, while at or confined in any penal institution, while being conveyed to or from any penal institution, or while under the custody of officials, officers, or employees of any penal institution, possesses or carries upon his or her person or has under his or her custody or control any instrument or weapon of the kind commonly known as a blackjack, slungshot, billy, sandclub, sandbag, or metal knuckles, any explosive substance, or fixed ammunition, any dirk or dagger or sharp instrument, any pistol, revolver, or other firearm, or any tear gas or tear gas weapon, is guilty of a felony and shall be punished by imprisonment pursuant to subdivision (h) of Section 1170 for two, three, or four years, to be served consecutively.
(b)Every person who, while at or confined in any penal institution, while being conveyed to or from any penal institution, or while under the custody of officials, officers, or employees of any penal institution, manufactures or attempts to manufacture any instrument or weapon of the kind commonly known as a blackjack, slungshot, billy, sandclub, sandbag, or metal knuckles, any explosive substance, or fixed ammunition, any dirk or dagger or sharp instrument, any pistol, revolver, or other firearm, or any tear gas or tear gas weapon, is guilty of a felony and shall be punished by imprisonment pursuant to subdivision (h) of Section 1170 for 16 months, or two or three years, to be served consecutively.
(c)For purposes of this section, “penal institution” means the state prison, a prison road camp, prison forestry camp, or other prison camp or farm, or a county jail or county road
camp.
Notes of Decisions
Cited in
116
cases (
37 in the last 5 years), 1949–2026 · leading case:
People v. Duran, 545 P.2d 1322 (Cal. 1976).
People v. Duran, 545 P.2d 1322 (Cal. 1976).
· cites it 8× “Code, § 4500) and possession of a dirk or dagger when confined in prison (Pen. Code, § 4502). [1] He contends that the trial court committed prejudicial error in denying his motion to appear before the jury in street clothes and without handcuffs or other shackles, in…”
Albert Lucero v. Kim Holland, 902 F.3d 979 (9th Cir. 2018).
· cites it 7× “307 (1979), that there was insufficient evidence to support his conviction for possession of a “dirk or dagger or sharp instrument in jail” in violation of Cal. Penal Code § 4502 (a). Applying the Jackson standards with an additional layer of AEDPA deference, and viewing the…”
People v. Steskal, 485 P.3d 1 (Cal. 2021).
“Steskal does not challenge the trial court’s conclusion that his possession of multiple sharp instruments (Pen. Code, § 4502) and deadly weapons (id.”
People v. Valdez, 10 Cal. App. 5th 1338 (Cal. Ct. App. 2017).
· cites it 2× “1 In 2001, defendant was convicted of possession of a sharp instrument in prison (Pen. Code, § 4502, subd. (a))1 and assault by an inmate by means likely to cause great bodily injury (§ 4501).”
People v. Chacon, 447 P.2d 106 (Cal. 1968).
· cites it 2× “Code, § 4532), and assault with a deadly weapon on a peace officer (Pen. Code, § 245). Meyers had been convicted of aggravated assault by a nonlife termer (Pen.”
People v. Valenzuela, 151 Cal. App. 3d 180 (Cal. Ct. App. 1984).
· cites it 2× “(Pen. Code, § 4502.) The knife, which was approximately four and three-fourths inches long, was lodged in defendant’s lower colon.”
People v. Superior Court (Stanley), 596 P.2d 691 (Cal. 1979).
“(Pen. Code, § 4502.) This offense allegedly occurred on May 9, 1978, at the California Correctional Center (Center) in Susanville, during a series of racial disturbances.”
People v. Roberson, 81 Cal. App. 3d 890 (Cal. Ct. App. 1978).
“Code, § 12021), is possessed by a prisoner (Pen. Code, §§ 4502, 4574), or was used in the commission of a prior felony (Pen.”
People v. Velasco, 194 Cal. App. 4th 1258 (Cal. Ct. App. 2011).
“(Pen. Code, § 4502, subd. (a).) The jury found true two allegations that he had two prior convictions within the meaning of the “Three Strikes” law.”
People v. Romo, 256 Cal. App. 2d 589 (Cal. Ct. App. 1967).
· cites it 2× “" At the time of the offense (August 19, 1965) Penal Code section 4502 provided: "Every person confined in a state prison .”
Galvan v. Superior Court, 452 P.2d 930 (Cal. 1969).
“2d 979 ] [Pen. Code, § 4502].) It is long since settled in this state that regulation of firearms is a proper police function.”
People v. Hayes, 171 Cal. App. 4th 549 (Cal. Ct. App. 2009).
“(Pen. Code, § 4502, subd. (a).) 1 As pertinent, the trial court instructed the jury, “A sharp instrument is an instrument that can be used to inflict injury and that is not necessary for the inmate to have in his possession.”
Cal. Penal Code § 4502(a): 6 cases
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