Section 14.86 Lack of Knowledge or Intent

• Library: Criminal Practice 2012 Supp

2. (§14.86) Lack of Knowledge or Intent

A defendant, although intentionally in possession of a package or material, must have knowledge of its nature. State v. Burns, 457 S.W.2d 721 (Mo. 1970), held that the defendant must be shown to have knowledge that the defendant was in possession of the drug. The defendant must be conscious that the defendant is in possession of the drug, i.e., the defendant must be aware of the presence and character of the particular substance, but this may be proved by circumstantial evidence. State v. Roberts, 524 S.W.2d 174 (Mo. App. W.D. 1975); State v. Young, 427 S.W.2d 510 (Mo. 1968).

Possession may be either actual or constructive, § 195.010(34), RSMo Supp. 2004, but under either, the defendant must be intentionally and consciously in possession of the substance. State v. Berry, 488 S.W.2d 667 (Mo. App. W.D. 1972); State v. Polk, 529 S.W.2d 490 (Mo. App. E.D. 1975); State v. Falkner, 672...