Also known as: possession · possessing · possessed · possess
Written by attorneys · grounded in primary & secondary sources — see below
A principle under which knowing possession of an item constitutes a voluntary act sufficient to support liability when the actor knowingly procured or received the thing possessed or was aware of control for a sufficient period to terminate possession.
Perry Pratt directs an innocent messenger to retrieve a neighbor's watch without permission. The messenger delivers the watch to Pratt who then holds it overnight. Pratt's knowing receipt and continued control of the watch supplies the voluntary act element for larceny liability.
Pearl Porter remains in the plant after defaulting on a mortgage held by Patriot Insurance. She continues to operate the presses for two weeks knowing the lender has demanded surrender. Her ongoing control of the collateral constitutes the voluntary act supporting a criminal charge of conversion.
Select any source to read its text and confirm it supports the definition.
Paige Porter receives a discovery request and knowingly retains responsive files in her office for thirty days. She is aware of their location and could have produced them. Her continued possession of the documents supplies the voluntary act for a sanctions motion.
Pierce Patterson deposits a client's settlement check into his operating account and leaves the funds there for a month. He knows the money belongs to the client and could have transferred it. His knowing retention constitutes the voluntary act supporting a disciplinary violation.
Portia Price remains in the apartment after the lease expires and the landlord demands possession. She keeps her belongings inside for ten days while negotiating new terms. Her continued physical control supplies the voluntary act for a trespass claim.
Priya Prasad takes occupancy of commercial space under an oral lease and pays rent monthly. After the landlord repudiates the agreement she stays for six weeks. Her knowing retention of the premises constitutes the voluntary act creating a tenancy at will.
Possession qualifies when the actor knowingly procured or received the item or was aware of control long enough to terminate it. The Code treats such knowing possession as a voluntary act that can support liability.
No. The actor must knowingly procure or receive the item or be aware of control for a sufficient period. Mere presence without knowledge or awareness does not satisfy the voluntary-act requirement.
Knowing receipt of property taken without consent supplies the voluntary act. The actor's subsequent control meets the possession-as-an-act standard even if an innocent agent performed the initial taking.
Yes. When a lawyer knowingly keeps client funds in a personal account instead of a trust account the retention satisfies the voluntary-act element for professional-discipline purposes.
Yes. Remaining in possession after termination of the lease with awareness of the landlord's demand meets the knowing-control standard and can support trespass liability.
…proposed except the last which asked what had been done with the commissions; he did not know that they ever came to the possession of Mr. Madison nor that they were in the office when Mr. Madison took possession. He asked the opinion of the court whether he was obliged to disclose what had been done with the…