Possession Offenses

Section 5.06. Possessing Instruments of Crime;  Weapons.

  (1) Criminal Instruments Generally.  A person commits a misdemeanor if he possesses any instrument of crime with purpose to employ it criminally.  "Instrument of crime" means:

    (a) anything specially made or specially adapted for criminal use;  or

    (b) anything commonly used for criminal purposes and possessed by the actor under circumstances which do not negative unlawful purpose.

  (2) Presumption of Criminal Purpose from Possession of Weapon.  If a person possesses a firearm or other weapon on or about his person, in a vehicle occupied by him, or otherwise readily available for use, it is presumed that he had the purpose to employ it criminally, unless:

    (a) the weapon is possessed in the actor's home or place of business;

    (b) the actor is licensed or otherwise authorized by law to possess such weapon;  or

    (c) the weapon is of a type commonly used in lawful sport.

 "Weapon" means anything readily capable of lethal use and possessed under circumstances not manifestly appropriate for lawful uses which it may have; the term includes a firearm which is not loaded or lacks a clip or other component to render it immediately operable, and components which can readily be assembled into a weapon.

  (3) Presumptions as to Possession of Criminal Instruments in Automobiles.  Where a weapon or other instrument of crime is found in an automobile, it shall be presumed to be in the possession of the occupant if there is but one.  If there is more than one occupant, it shall be presumed to be in the possession of all, except under the following circumstances:

    (a) where it is found upon the person of one of the occupants;

    (b) where the automobile is not a stolen one and the weapon or instrument is found out of view in a glove compartment, car trunk, or other enclosed customary depository, in which case it shall be presumed to be in the possession of the occupant or occupants who own or have authority to operate the automobile;

    (c) in the case of a taxicab, a weapon or instrument found in the passengers' portion of the vehicle shall be presumed to be in the possession of all the passengers, if there are any, and, if not, in the possession of the driver.

Section 5.07. Prohibited Offensive Weapons.

  A person commits a misdemeanor if, except as authorized by law, he makes, repairs, sells, or otherwise deals in, uses, or possesses any offensive weapon.  "Offensive weapon" means any bomb, machine gun, sawed-off shotgun, firearm specially made or specially adapted for concealment or silent discharge, any blackjack, sandbag, metal knuckles, dagger, or other implement for the infliction of serious bodily injury which serves no common lawful purpose.  It is a defense under this Section for the defendant to prove by a preponderance of evidence that he possessed or dealt with the weapon solely as a curio or in a dramatic performance, or that he possessed it briefly in consequence of having found it or taken it from an aggressor, or under circumstances similarly negativing any purpose or likelihood that the weapon would be used unlawfully.  The presumptions provided in Section 5.06(3) are applicable to prosecutions under this Section.

Section 223.6. Receiving Stolen Property.

 (1) Receiving.  A person is guilty of theft if he purposely receives, retains, or disposes of movable property of another knowing that it has been stolen, or believing that it has probably been stolen, unless the property is received, retained, or disposed with purpose to restore it to the owner.  "Receiving" means acquiring possession, control or title, or lending on the security of the property.

 (2) Presumption of Knowledge.  The requisite knowledge or belief is presumed in the case of a dealer who:

  (a) is found in possession or control of property stolen from two or more persons on separate occasions;  or

  (b) has received stolen property in another transaction within the year preceding the transaction charged;  or

  (c) being a dealer in property of the sort received, acquires it for a consideration which he knows is far below its reasonable value.

 "Dealer" means a person in the business of buying or selling goods including a pawnbroker.

Section 224.7. Deceptive Business Practices.

 A person commits a misdemeanor if in the course of business he:

 (1) uses or possesses for use a false weight or measure, or any other device for falsely determining or recording any quality or quantity;  . . .

* * *

Section 230.3. Abortion.

* * *

 (6) Distribution of Abortifacients.  A person who sells, offers to sell, possesses with intent to sell, advertises, or displays for sale anything specially designed to terminate a pregnancy, or held out by the actor as useful for that purpose, commits a misdemeanor, unless:

  (a) the sale, offer or display is to a physician or druggist or to an intermediary in a chain of distribution to physicians or druggists;  or

  (b) the sale is made upon prescription or order of a physician;  or

  (c) the possession is with intent to sell as authorized in paragraphs (a) and (b);  or

  (d) the advertising is addressed to persons named in paragraph (a) and confined to trade or professional channels not likely to reach the general public.

 (7) Section Inapplicable to Prevention of Pregnancy.  Nothing in this Section shall be deemed applicable to the prescription, administration or distribution of drugs or other substances for avoiding pregnancy, whether by preventing implantation of a fertilized ovum or by any other method that operates before, at or immediately after fertilization.

Section 242.7. Implements for Escape;  Other Contraband.

 (1) Escape Implements.  A person commits a misdemeanor if he unlawfully introduces within a detention facility, or unlawfully provides an inmate with, any weapon, tool or other thing which may be useful for escape.  An inmate commits a misdemeanor if he unlawfully procures, makes, or otherwise provides himself with, or has in his possession, any such implement of escape. "Unlawfully" means surreptitiously or contrary to law, regulation or order of the detaining authority.

 (2) Other Contraband.  A person commits a petty misdemeanor if he provides an inmate with anything which the actor knows it is unlawful for the inmate to possess.

Section 251.4. Obscenity.

 (1) Obscene Defined.  Material is obscene if, considered as a whole, its predominant appeal is to prurient interest, that is, a shameful or morbid interest, in nudity, sex or excretion, and if in addition it goes substantially beyond customary limits of candor in describing or representing such matters.  Predominant appeal shall be judged with reference to ordinary adults unless it appears from the character of the material or the circumstances of its dissemination to be designed for children or other specially susceptible audience.  Undeveloped photographs, molds, printing plates, and the like, shall be deemed obscene notwithstanding that processing or other acts may be required to make the obscenity patent or to disseminate it.

 (2) Offenses.  Subject to the affirmative defense provided in Subsection (3), a person commits a misdemeanor if he knowingly or recklessly:

* * *

  (d) possesses any obscene material for purposes of sale or other commercial dissemination;  . . .

* * *

A person who disseminates or possesses obscene material in the course of his business is presumed to do so knowingly or recklessly.

* * *