Also known as: possession as an act · possessory act
Written by attorneys · grounded in primary & secondary sources — see below
A principle providing that possession constitutes the voluntary act required for criminal liability when the possessor knowingly procured or received the item or maintained awareness of control for a sufficient period to terminate possession.
Pablo Perez took home a sealed crate labeled as scrap from his workplace. He later opened it in his garage and discovered smuggled prototype chips belonging to a competitor. Pablo kept the crate behind his workbench for several weeks while deciding what to do, even though he could have discarded or reported it during that time. His continued knowing control satisfies the requirement that possession qualify as a voluntary act.
Darius accepted a sealed box labeled promo samples from a friend for transport in his truck cab. Malik later called and admitted the box contained counterfeit phones. Darius kept the box locked in his personal compartment for another week until a weigh-station inspection. His decision to retain the box after learning its contents meets the standard for possession as a voluntary act.
Select any source to read its text and confirm it supports the definition.
No. Even if the defendant acquires an item without knowledge of its illegal nature, possession becomes a voluntary act once the defendant learns of the item's character and retains control for a sufficient period during which termination was possible.
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The period must be long enough for the defendant to have had a realistic opportunity to terminate possession, such as by discarding, reporting, or surrendering the item. Several weeks of continued retention after discovery satisfies the requirement.
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No. The principle focuses on whether the defendant had actual awareness of control and a practical opportunity to end it. Subjective fears or duties do not negate the voluntary character of retention when safe avenues for termination existed over an extended period.
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No. The defendant must exercise knowing control. Assigned monitoring duties combined with awareness and the ability to report or remove the items over multiple days can establish the required control.
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