Explain the difference between 'possession' and 'control' in criminal law as it relates to property crimes.

• A. Possession means actual physical control.
• B. Control means the person owns the property.
• C. Constructive possession means immediate use.
• D. Possession means actual physical control; control means the ability to exercise dominion or authority over property; constructive possession can apply.

Answer: (D)

The essential distinction is that possession refers to actual physical control of the property, while control means the power to exercise dominion or authority over the property, which can exist even without touching it. Constructive possession is a form of control: you don’t have the item in your hands, but you have the ability to access and direct it, so you’re treated as possessing it for purposes of liability. In property crimes, the government can prove guilt by showing either actual possession or constructive possession, since both involve the ability to exercise control over the item.

So the best answer specifies that possession is actual physical control, control is the ability to exercise dominion over the property, and constructive possession can apply. The other statements are incomplete or inaccurate: possession isn’t limited to physical control in all situations; control isn’t equivalent to ownership; constructive possession isn’t about immediate use.