What is required for possession to be considered voluntary?

Study for the BPOC Penal Code Test. Master critical topics with flashcards and multiple choice questions, each offering hints and explanations. Prepare confidently for your exam!

For possession to be considered voluntary, it is essential that the possessor must knowingly obtain or receive the object in question. This means that the individual must have awareness and intent regarding their possession of the item. If someone acquires an item without knowledge or intent, it cannot be categorized as voluntary possession, as it lacks the conscious decision-making that characterizes voluntary actions.

The requirement to knowingly obtain or receive the item highlights the aspect of intention and understanding in the act of possession. It differentiates between someone who has actively engaged in obtaining an item and someone who may have stumbled upon it or taken it without realizing they had done so.

Possession cannot merely be defined by the duration of time or specific legal documentation, nor can it be influenced by external pressures such as duress, which would negate the aspect of voluntary choice. Therefore, the necessity of knowledge and intention is pivotal in establishing that a possessor is not merely holding an item passively but is actively aware of and has chosen to take possession of it.

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