California Health and Safety Code 11366.8 HS makes concealing controlled substances in a false compartment a serious crime. This 'wobbler' offense can be filed as a misdemeanor or felony and carries a significant penalty of up to three years in jail.
A false compartment, as defined by California Health and Safety Code 11366.8 HS, is any concealed box, container, or enclosure specifically designed to hide a controlled substance, whether it's an illegal drug or a legal drug without a prescription.
It's important to note that the compartment doesn't have to be an added feature to the vehicle, such as a modified gas tank.
Notably, more than one person could be in possession of a false compartment at the same time. Proof that the defendant knew about a false compartment in their vehicle is typically by implication, such as the registered vehicle owner.
Various types of proof can establish the defendant's knowledge of a false compartment in their vehicle. This can include a confession, fingerprints found on the compartment or its toggle switch, or testimony from witnesses familiar with the defendant's use of the compartment.
Under this law, it is a crime for a person either to possess or use a false compartment with the intent to hide or transport drugs inside of it or to build a false compartment inside of, or attached to, a vehicle with the intent to hide or transport drugs inside of it.
California has numerous laws addressing the possession or distribution of controlled substances. Still, Health and Safety Code 11366.8 HS specifically targets the "false compartments" used to conceal, smuggle, or transport illegal drugs.
What is a False Compartment?
HSC 11366.8 describes a false compartment" as "any box, container, space, or enclosure intended for use or designed to conceal, hide, or otherwise prevent discovery of any controlled substance within or attached to a vehicle..."
Some Examples of false compartments include the following:
- Compartments in spare tires.
- Altered vehicle fuel tanks.
- Hidden compartments within the interior of a car.
- Any other modifications of original factory equipment or existing compartments designed to conceal drugs.
- Any modification that conceals the secret compartment's existence.
What Does the Law Say?
HS 11366.8 says, "(a) Every person who possesses, uses, or controls a false compartment with the intent to store, conceal, smuggle, or transport a controlled substance within the false compartment shall be punished by imprisonment in a county jail for a term of imprisonment not to exceed one year or pursuant to subdivision (h) of Section 1170 of the Penal Code.
(b) Every person who designs, constructs, builds, alters, or fabricates a false compartment for, or installs or attaches a false compartment to, a vehicle with the intent to store, conceal, smuggle, or transport a controlled substance shall be punished by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for 16 months or two or three years.
(c) The term vehicle means any of the following vehicles, regardless of whether they are private or commercial, including, but not limited to, cars, trucks, buses, aircraft, boats, ships, yachts, and vessels.
(d) The term false compartment means any box, container, space, or enclosure that is intended for use or designed for use to conceal, hide, or otherwise prevent discovery of any controlled substance within or attached to a vehicle, including, but not limited to, any of the following:
(1) False, altered, or modified fuel tanks.
(2) Original factory equipment of a vehicle that is modified, altered, or changed.
(3) Compartment, space, or box added to, fabricated, made, or created from, existing compartments, spaces, or boxes within a vehicle."
If you are convicted of possessing or using a false compartment, you could face up to a year in jail. If you are convicted of designing or building such a compartment, you could face up to three years in state prison. These are not light penalties, and it's crucial to understand the law to avoid such consequences.
Simply put, HS 11366.8 criminalizes specific conduct related to false compartments that store or transport controlled substances, such as the following:
- Possess, use, or control a false compartment with the intent to store, conceal, smuggle, or transport a controlled substance.
- Design, construct, or install a false compartment with the intent to use it for storing, concealing, smuggling, or transporting controlled substances.
What Must Be Proven to Convict?
To convict you of violating HSC 11366.8, the district attorney must establish several elements of the crime beyond a reasonable doubt, such as the following:
- A false compartmented existed that was specifically designed or modified to conceal controlled substances, such as altered fuel tanks, factory equipment modifications, or fabricated spaces inside the car.
- You must have the intent to use the compartment to store, conceal, smuggle, or transport controlled substances. Intent can often be inferred from circumstantial evidence, such as drug paraphernalia.
- The vehicle must be operational, including cars, trucks, buses, aircraft, boats, and other vessels.
What are Related Offenses?
- Health and Safety Code 11366 HS - Operating a drug house. A "drug house" is any place maintained for the purpose of unlawfully selling or giving away illegal controlled substances. The district attorney must prove that you opened or maintained a place with the intent to sell, give away, or allow others to use a controlled substance or narcotic on a continuous or repeated basis at that place.
- Health and Safety Code 11351 HS - Possession for sale of a controlled substance. This statute makes it a crime to possess controlled substances to sell them, such as cocaine and heroin. It also includes prescription drugs such as Oxycontin and Vicodin.
- Health and Safety Code 11379.6 HS - Drug manufacturing. This law makes it a crime to manufacture narcotics or controlled substances. It includes compounding, converting, producing, processing, or offering to engage in any of these acts concerning any controlled substance.
What are the HS 1366.8 Penalties?
Violating HS 1366.8 is a "wobbler" offense, meaning it can be filed as a misdemeanor or a felony and carries the following penalties:
- Up to one year in county jail (misdemeanor) for possession, use, or control of the false compartment.
- 16 months, two, or three years in state prison (felony) for designing, building, or installing the false compartment.
What are the HS 1366.8 Defenses?
Suppose you were charged for allegedly violating HSC 11366.8. In that case, a California criminal defense lawyer could use different strategies to obtain the best possible outcome, such as the following:
- Perhaps we can argue that you were unaware of the false compartment's existence. Maybe the car was rented without any awareness of the hidden compartment.
- Perhaps we can argue that there was no intent to use the compartment for illegal purposes. Maybe we can prove that the compartment was not intended to store, conceal, smuggle, or transport controlled substances.
- Perhaps we can argue there was an illegal search and seizure. Any evidence acquired through an unlawful search and seizure may be inadmissible in court. Maybe police violated constitutional protections during the investigation, and we can file a motion to suppress evidence.
Contact our criminal defense law firm, Cron, Israels & Stark, for more information. We have offices in Los Angeles, CA.
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