2.10a Actual Possession

• Currency: 2023
• Year: 2023
• Section: Chapter 2 Defining The Crime And Related Matters

2.10A ACTUAL POSSESSION

(1) Next, I want to explain something about possession. To establish actual possession, the

government must prove that the defendant had direct, physical control over the _______, and

knew that he had control of it.

(2) But understand that just being present where something is located does not equal possession.

The government must prove that the defendant had possession of the _______, and knew that he

did, for you to find him guilty of this crime. This, of course, is all for you to decide.

Use Note

This instruction should be given if the government’s only theory of possession is actual

possession.

Committee Commentary 2.10A

(current through March 1, 2023)

This instruction is designed for cases in which the government’s only theory of

possession is actual. In those cases, there is no reason for the additional complexity injected by

defining constructive possession and the difference between it and actual possession.