California’s Health and Safety Code 12702 HS makes it a crime to sell, give, or distribute dangerous fireworks to minors. Fireworks can cause major injuries to responsible adults and can be even more dangerous in the hands of a child. As a result, HSC 12702 classifies furnishing fireworks to a minor as a serious criminal offense, which can lead to felony convictions and jail time.
What is Considered a Health and Safety Code 12702 Violation?
Health and Safety Code 12702 states:
“A person who violates this part by selling, giving, or delivering any dangerous fireworks to any person under 18 years of age is guilty of a misdemeanor and upon a first conviction shall be punished as prescribed in subdivision (b) of Section 12700.
(b) Upon a second or subsequent conviction of the offense, the person shall be punished by an additional fine of ten thousand dollars ($10,000), or by imprisonment in a county jail for up to one year or by both that fine and imprisonment. The person shall not be granted probation and the execution of the sentence imposed upon the person shall not be suspended by the court.”
The law is pretty straightforward on the consequences of violating HSC 12702 and does not grant much leniency for repeat offenders. To establish clear violation of this law a person would have to be found guilty of one of the following actions:
- Selling, giving away, or delivering dangerous fireworks to a minor
- For felony offenses, the transferred, dangerous fireworks would have to have a weight of 7,500 grains or more
Dangerous fireworks in California include:
- Firecrackers
- Roman candles
- Chasers
- Sparklers exceeding 10 inches
- Torpedoes
- Fireworks with caustic or combustible chemicals
Defenses for Furnishing Fireworks to a Minor
There are a few defenses available to those charged with a HSC 12702 violations. For example, if a minor presents someone with a fake identification and the seller was unaware they were selling to a minor. This could result in a “mistake of fact” defense. This defense means the defendant did not have intent to commit an offense becuase they misunderstood a particular fact. The fact in this defense would be that the person they were selling fireworks to was actually a minor.
Another defense may be instances where law enforcement agencies are running sting operations, targeting dangerous fireworks distributors. If an officer engaged in aggressive or forceful behavior to force a person to commit an act they normally would not do, then an entrapment defense would be a valid defense in this case. Entrapment is when the police originate the idea of the illegal act and convince the accused to engage in the act. However, if the charged person originates the illegal idea, such as orchestrating the illegal sale of dangerous fireworks to a minor, then entrapment is not a valid defense.
Contact a Dangerous Firework Injury Lawyer in California
If you or a loved one has been injured due to a dangerous firework, the personal injury attorneys at Maison Law can help you get the compensation you need. Our team is here to assist you with expert representation and advocate on your behal every step of the way. We understand how deeply upsetting a traumatic event like this can be and we’re here to help you navigate the legal complexities of personal injury law to maximize your injury settlement. Contact Maison Law today for a free consultation and case evaluation. No upfront money is required and we don’t get paid unless we win your case.
