Criminal Possession Law and Legal Definition
Criminal Possession refers to unlawful possession of certain prohibited articles like illegal drugs or drug paraphernalia, firearms or stolen property. It is possession for which there are criminal sanctions because the property is not lawfully possessed.
Example of a State Statute ( New York) on Criminal Possession
NY CLS Penal § 165.54. Criminal possession of stolen property in the first degree
A person is guilty of criminal possession of stolen property in the first degree when he knowingly possesses stolen property, with intent to benefit himself or a person other than an owner thereof or to impede the recovery by an owner, and when the value of the property exceeds one million dollars.
Criminal possession of stolen property in the first degree is a class B felony.
NY CLS Penal § 165.52. Criminal possession of stolen property in the second degree
A person is guilty of criminal possession of stolen property in the second degree when he knowingly possesses stolen property, with intent to benefit himself or a person other than an owner thereof or to impede the recovery by an owner thereof, and when the value of the property exceeds fifty thousand dollars.
Criminal possession of stolen property in the second degree is a class C felony.
NY CLS Penal § 165.50. Criminal possession of stolen property in the third degree
A person is guilty of criminal possession of stolen property in the third degree when he knowingly possesses stolen property, with intent to benefit himself or a person other than an owner thereof or to impede the recovery by an owner thereof, and when the value of the property exceeds three thousand dollars.
Criminal possession of stolen property in the third degree is a class D felony.
NY CLS Penal § 165.45. Criminal possession of stolen property in the fourth degree
A person is guilty of criminal possession of stolen property in the fourth degree when he knowingly possesses stolen property, with intent to benefit himself or a person other than an owner thereof or to impede the recovery by an owner thereof, and when:
1. The value of the property exceeds one thousand dollars; or
2. The property consists of a credit card, debit card or public benefit card; or
3. He is a collateral loan broker or is in the business of buying, selling or otherwise dealing in property; or
4. The property consists of one or more firearms, rifles and shotguns, as such terms are defined in section 265.00 of this chapter; or
5. The value of the property exceeds one hundred dollars and the property consists of a motor vehicle, as defined in section one hundred twenty-five of the vehicle and traffic law, other than a motorcycle, as defined in section one hundred twenty-three of such law; or
6. The property consists of a scroll, religious vestment, vessel or other item of property having a value of at least one hundred dollars kept for or used in connection with religious worship in any building or structure used as a place of religious worship by a religious corporation, as incorporated under the religious corporations law or the education law.
7. The property consists of anhydrous ammonia or liquified ammonia gas and the actor intends to use, or knows another person intends to use, such anhydrous ammonia or liquified ammonia gas to manufacture methamphetamine.
Criminal possession of stolen property in the fourth degree is a class E felony.
NY CLS Penal § 165.40. Criminal possession of stolen property in the fifth degree
A person is guilty of criminal possession of stolen property in the fifth degree when he knowingly possesses stolen property, with intent to benefit himself or a person other than an owner thereof or to impede the recovery by an owner thereof.
Criminal possession of stolen property in the fifth degree is a class A misdemeanor.
Legal Definition list
Related Legal Terms
- Academy of Criminal Justice Sciences [ACJS]
- Administration of Criminal Justice
- Adverse Possession
- Aliud Est Possidere, Aliud Esse In Possessione
- American Board of Criminalistics
- Armed Career Criminal
- Armed Career Criminal Act (ACCA)
- Arson and Possession of Explosives
- Authorized Possession of Controlled Substances
- Burglary and Criminal Trespass
