6.619 — SALE OF ALCOHOL TO A MINOR WITH INJURIES

Violations of "Statute 6.619" results in a Class A 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 with injuries refers to the unlawful act of selling, providing, or serving alcoholic beverages to an individual under the legal drinking age, where the minor consumes the alcohol and suffers physical harm or injury as a result. This offense applies when the minor's consumption of alcohol leads to an accident, physical injury, or harm, which may involve intoxication-related accidents or violence that occur after the illegal sale.

(b) Elements

To establish the offense of sale of alcohol to a minor with 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. The minor consumed the alcohol and suffered injuries as a direct or indirect result of the alcohol consumption.

4. The injuries or harm suffered by the minor were related to the consumption of the alcohol, including incidents such as intoxication-related accidents, violence, or medical emergencies arising from the alcohol's effects.

(c) Defenses

Defenses against a charge of sale of alcohol to a minor with 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 injuries suffered by the minor were unrelated to the alcohol consumed, and no direct causal link exists between the sale and the harm caused.

(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 sale took place in a reckless or dangerous environment, such as an overcrowded party or unsupervised gathering where minors were known to be drinking.

3. The defendant knowingly sold alcohol to a minor in a manner that directly contributed to an injury, such as selling to an obviously intoxicated minor or in an irresponsible manner.

4. The injuries sustained by the minor were severe, resulting in significant harm, hospitalization, or long-term effects due to intoxication.