Voluntary Act Defined

(a) A voluntary act is one performed consciously as a result of effort or determination. (b) Possession is a voluntary act if the possessor knowingly procured or received the thing possessed, or was aware of his control of it for sufficient time to have been able to terminate his control. SOURCE: Guam PC, § 26(6); M.P.C. § 2.01 (2) (4); *Cal. § 401 (T.D. 1 1967); Cal. § 405 (1971); Mass ch. 263, § 15; N.J. § 2C:2-1 (A), (C). This Section again reflects Guam PC § 26(6) and decisional law. See People vs. Baker, 42 Cal. 2d 550, 268 P.2D 705, (1954); People vs. Gorshen, 51 Cal. 2d 716, 336 P.2d 492 (1959); People vs. Rorerman, 189 Cal. App. 2d 150, 10 Cal. Reptr. 870 (1961). Also in accord with existing law, possession is defined as a voluntary act under the circumstances set fort in § 4.15(b). The definition is extremely important with reference to the Uniform Controlled Substances Act. See People vs. Davis 231 Cal. 2d 180, 186; 41 Cal. Rep. 617 (1964). People vs. Murray, 198 Cal. App. 2d 805, 18 Cal. Rptr. 280 (1962).