LAW 535-001 – Criminal Law

Possession


Possession usually requires the defendant's to procuring, receiving, or failing to dispose of the property to be the voluntary act.

Possession can also be constructive if one has power over an item, even if he has no physically possessed it. This requires him to have:

  1. knowledge of the property,
  2. the ability to control the property, and
  3. intent to exert control over the property.