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People v. Dillard | 4201 Cal. Rptr. 136 (1984)

It’s easy to assume that criminals make a choice to commit crimes despite knowing that their actions are illegal. But can you commit a crime without knowing it? In People versus Dillard, the California Appellate Court considered whether a person should be punished for unknowingly breaking the law.

A police officer observed Moses Dillard riding a bicycle carrying what appeared to be a rifle case. The officer stopped Dillard, searched the case, and found it contained a rifle with one round of ammunition in the chamber and six rounds in the cylinder. Dillard was arrested and charged with violating a state statute prohibiting carrying a loaded firearm in a public place.

At trial, Dillard testified that the rifle was his and that he’d picked it up from his stepfather’s home earlier that day. He also maintained that he hadn’t opened the case before he was stopped. Dillard wanted to offer evidence that he believed the rifle wasn’t loaded because he’d loaned the rifle to his stepfather many times, and his stepfather had never returned it loaded. The trial court excluded this evidence as irrelevant and instructed the jury that knowledge that the firearm was loaded wasn’t an element of the crime. The jury found Dillard guilty. Dillard appealed his conviction.

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