ID · jury_instructions
ICJI 421
Possession Defined
ICJI 421 POSSESSION DEFINED
A person has possession of something if the person knows of its presence and has physical control of it, or has the power and intention to control it. [For the charge of Failure to Affix Tax Stamp[s], the term "possession" also includes holding, selling, manufacturing, acquiring, producing, purchasing, shipping, transporting, transferring, or importing into Idaho a controlled substance.] [More than one person can be in possession of something if each knows of its presence and has the power and intention to control it.]
Comment
There is no need to attempt to distinguish further between actual and constructive possession and sole and joint possession. State v. Seitter, 127 Idaho 356, 900 P.2d 1367 (1995).
The first bracketed sentence is to be given only when a violation of the tax stamp law is charged. I.C. � 63-4202(3).
Provenance
- Source
- isc.idaho.gov
- Retrieved
- 2026-08-21
- Edition
- 2026-08-20
- Content hash
86f403d347ee0f2e75ae044cf93e82e6f1c40b959e888d8c615c6ac3f0bed731
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