Possession as Actus Reus
People v. Gory
- Model Penal Code § 2.01(4)—Requirement of Voluntary Act:
- Possession:
- (4) Possession is an act, within the meaning of this Section, if the possessor knowingly procured or received the thing possessed or was aware of the possession...
- The instant you learn about something in your possession, you don't instantly come to criminally possess it. Instead, you must have more time knowing you possess it.
- Possession:
- For possession to satisfy actus reus, ∆ must have knowledge of the presence of the item, and must exercise dominion and control over it.
- Basic idea: once you know that you possess something, if you continue to possess it, then you exercise dominion and control over it and satisfy the actus reus of possession.
- NOTE: mere possession without knowledge is NOT a voluntary act.