Possessory Crimes

Question 1

What are the classic subjects of possessory crimes?

Answer 1

Drugs; stolen property; child porn

Question 2

What constitutes “possession” for possession offenses?

Answer 2

Control for a period of time long enough to have an opportunity to terminate possession

Question 3

What is constructive possession?

Answer 3

If D has the property in question for long enough and has sufficient dominion and control over that space for that period of time

(e.g., drugs in your hotel room, even if you don’t touch them)

Question 4

What is the MR for possession offenses?

Answer 4

1. Knowledge of possession, AND
2. Knowledge of the character of the item

Question 5

NY QUESTION

What is criminal possession of a firearm in NY?

Answer 5

Knowingly possessing any firearm

Question 6

NY QUESTION

What is criminal possession of a weapon in NY?

(1)+(2)+(3)or(4)

Answer 6

(1) Knowingly possessing (2) a LOADED firearm, EITHER (3) outside one’s home or place of business, OR (4) With the intent to use it against another

Question 7

What are the elements of receipt of stolen property?

Answer 7

AR: Receipt, possession, and control of stolen personal property

MR: Knowledge that the property has been obtained criminally by another party AND intent to permanently deprive the owner of his interest in the property

Question 8

NY QUESTION

What are the elements of criminal possession of stolen property in NY?

Answer 8

Item must be stolen at time D receives it (property that is recovered by the police and is being used in an undercover sting is not “stolen”)