What is the difference between 'control' and 'awareness' when evaluating knowledge in stolen goods cases?

What is the difference between 'control' and 'awareness' when evaluating knowledge in stolen goods cases?

• A. Control means ownership; awareness means possession.
• B. Control refers to the physical or practical ability to exercise power over the goods; awareness refers to knowledge of facts surrounding them.
• C. They are the same.
• D. They are not used in evaluations.

Answer: (B)

In stolen goods cases, two different elements come into play: the power you have over the property and what you know about it. Control is about the physical or practical ability to exercise power over the goods—holding, moving, selling, or directing what happens to them. Awareness is about your knowledge of facts surrounding the property—knowing that it’s stolen or that its source is illegitimate. You can have control without knowing the goods are stolen, which matters because many offenses require knowledge in addition to possession or control. Conversely, you might know the goods are stolen but not actually possess or control them, which also affects liability. Ownership isn’t the issue here; possession/control aren’t the same as ownership. So the best choice captures this separation: control refers to the ability to exercise power over the goods; awareness refers to knowledge of facts showing they’re stolen.

In stolen goods cases, two different elements come into play: the power you have over the property and what you know about it. Control is about the physical or practical ability to exercise power over the goods—holding, moving, selling, or directing what happens to them. Awareness is about your knowledge of facts surrounding the property—knowing that it’s stolen or that its source is illegitimate.

You can have control without knowing the goods are stolen, which matters because many offenses require knowledge in addition to possession or control. Conversely, you might know the goods are stolen but not actually possess or control them, which also affects liability. Ownership isn’t the issue here; possession/control aren’t the same as ownership.

So the best choice captures this separation: control refers to the ability to exercise power over the goods; awareness refers to knowledge of facts showing they’re stolen.