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PEOPLE v. KING

No. S129052.

42 Cal.Rptr.3d 743 (2006)

38 Cal.4th 617

133 P.3d 636

The PEOPLE, Plaintiff and Respondent, v. Sean KING, Defendant and Appellant.

Supreme Court of California.

May 15, 2006.

Attorney(s) appearing for the Case

Hilda Scheib, San Francisco, under appointment by the Supreme Court, for Defendant and Appellant.

Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Gerald A. Engler, Assistant Attorney General, Catherine A. Rivlin and Gregg E. Zywicke, Deputy Attorneys General, for Plaintiff and Respondent.

KENNARD, J.

Subdivision (a)(1) of Penal Code section 12020 (section 12020(a)(1)),1 prohibits the possession of a variety of weapons. Does it require a culpable mental state, or is it a "public welfare offense," for which proof of a culpable mental state is not required? We conclude that section 12020(a)(1) is not a public welfare offense, and that the prosecution must prove the possessor's knowledge of the weapon's illegal characteristics...

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