6.618 — SALE OF ALCOHOL TO A MINOR WITHOUT INJURIES

Violations of "Statute 6.618" results in a Class C Misdemeanor (If the defendant is a business owner or establishment where the sale of alcohol occurred, they may face the permanent revocation of their liquor license, or other regulatory actions, preventing them from legally selling alcohol in the future.)

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(a) Definitions

The sale of alcohol to a minor without injuries refers to the unlawful act of selling, providing, or serving alcoholic beverages to an individual under the legal drinking age, where no harm or physical injury occurs as a result of the sale. This offense typically involves a situation where the minor is not visibly intoxicated, and no accidents or injuries arise from the consumption of the alcohol. However, the sale or provision of alcohol to a minor remains illegal, regardless of whether any immediate harm results.

(b) Elements

To establish the offense of sale of alcohol to a minor without injuries, the prosecution must prove beyond a reasonable doubt the following elements:

1. The defendant sold, provided, or served an alcoholic beverage to an individual under the legal drinking age.

2. The defendant knew, or should have reasonably known, that the individual was underage at the time of the sale.

3. No injuries or harm resulted from the sale of the alcohol, including no accidents, physical harm, or public safety concerns related to the consumption of the alcohol.

4. The defendant did not have a legitimate reason or permission to sell alcohol to the minor, and the transaction was made in violation of state or local laws governing the legal drinking age.

(c) Defenses

Defenses against a charge of sale of alcohol to a minor without injuries may include:

1. The defendant reasonably believed the individual was of legal drinking age, based on proper identification presented at the time of the transaction.

2. The defendant was unaware that the individual was underage and acted in good faith to verify the person's age through acceptable forms of identification.

3. The defendant was not involved in the sale or provision of alcohol, and the charge is based on a mistaken identification or miscommunication.

4. The sale of alcohol occurred in a regulated setting where the minor had authorization from a guardian or was part of a group event that permitted such actions under local laws.

(d) Aggravating Factors

The court may consider the following aggravating factors when determining the severity of the offense:

1. The defendant has prior convictions for selling or providing alcohol to minors, showing a pattern of illegal behavior.

2. The defendant acted with recklessness or disregard for the law by selling alcohol to a minor in a situation where the minor’s age was clearly identifiable.

3. The sale took place in an environment where minors were known to congregate and where alcohol consumption could lead to public safety issues, even if no immediate injuries resulted.

4. The defendant is in a position of authority or responsibility, such as a business owner, bartender, or server, and should have been more vigilant in ensuring compliance with the law.