Property Crimes - Possessory Offenses

Question 1

Define criminal possession.

Answer 1

a statute criminalizes possession of contraband (e.g. controlled substances, stolen property, child pornography)

Question 2

When is a person in “possession” of contraband?

Answer 2

1. the contraband is in their control for long enough to terminate another’s possession, or
2. constructive possession - they don’t have actual physical possession - but exercise dominion and control over it.

Question 3

What mental state is required for criminal possession of contraband?

Answer 3

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

Question 4

Define receipt of stolen property.

Answer 4

Receive and take possession and control of stolen property with knowledge that the property has been obtained criminally by another (e.g. larceny)

Question 5

What is NY’s specific requirement about stolen property in a possession charge?

Answer 5

Property recovered or used with permission (or in a sting) is not considered stolen property.