Property Crimes: POSSESSORY OFFENSES

Question 1

MBE Possession of Contraband

• meaning of possession
• mental state

Answer 1

When a statute criminalizes the possession of some form of contraband, it means:

• possession = control for a period of time long enough to have an opportunity to terminate possession
• with KNOWLEDGE of the possession AND of the character of the item possessed

Question 2

MBE & NY Criminal Receipt/Possession of Stolen Property

• act?
• mental state(s)?

Answer 2

• Receiving possession & control of stolen personal property
• knowing that the property has been obtained criminally by another party; and
• with the intent to permanently deprive the owner of his interest in the property