6. Property Crimes Possessory Offenses

Question 1

Possession of Contraband

Answer 1

When a statute criminalizes the possession of contraband (e.g., drugs, stolen property, child pornography), “possession” means control for a period of time long enough to have an opportunity to terminate possession.

Question 2

“Constructive Possession”:

Answer 2

The contraband need not be in the defendant’s actual possession, so long as it is close enough for him to exercise dominion and control over it.

Question 3

Mental state required for possession of contraband

Answer 3

Knowledge (of the possession and of the character the item possessed).

Question 4

NY Criminal Possession of a Weapon:

Answer 4

Knowingly possessing a loaded firearm either:

(i) outside one’s home or place of business; or
(ii) with the intent to use it unlawfully against another.

Question 5

Common Law Receipt of stolen property

Answer 5

Receiving possession and control of stolen personal property.

Question 6

Mental state for common law possession of stolen property

Answer 6

1. Knowing that the property has been obtained criminally by another party; and
2. With the intent to permanently deprive the owner of his interest in the property. .

Question 7

NY Criminal Possession of Stolen Property

Answer 7

The property must really be stolen at the time the defendant receives it. Property that is recovered by the police and is being used in an undercover sting operation is not considered “stolen.”