Taylor was apprehended at a music festival carrying a backpack that contained several illegal fireworks. Taylor asserts that a fellow attendee placed the fireworks in the backpack without his knowledge. Under state law, possessing illegal fireworks is prohibited. What must the prosecution establish to convict Taylor of possession of illegal fireworks?
That Taylor intended to use the fireworks for a public display
That Taylor was present at the festival where fireworks were present
That Taylor found the fireworks in his backpack without knowledge of their nature
That Taylor had control over the fireworks and knew they were illegal
The prosecution must demonstrate that Taylor knowingly possessed the illegal fireworks. This involves proving that Taylor had control over the fireworks and was aware of their illegal nature. Without evidence of Taylor's knowledge or control, the conviction cannot be secured.
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Multistate Bar Examination
Criminal Law and Procedure
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