• 2003 - Possession - General Definition
  • K-5.36
    • Possession
    • Closing Instructions
    • Closing Instructions

  • Possession may be actual or constructive and may be proven by direct or circumstantial evidence.

     

    A person who [knowingly] has direct physical control over an object is in actual possession of it.

     

    A person who [knowingly] has the ability and power to exercise control over an object is in constructive possession of it. [Two or more persons may simultaneously possess the same object.]

     

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    • In Interest of K.S., 500 NW2d 603 (ND 1993)
    • State v. Connery, 441 NW2d 651 (ND 1989)
  • Notes: This is a general legal definition of possession and would not be used in situations where possession is an element of an offense and the offense does not involve either possession of alcohol by someone under 21 years of age, or possession of controlled substances or drug paraphernalia by any person. The specific statutes should be considered for the culpability requirements.