Minor in Possession of Alcohol – Elements – California Business & Professions Code § 25662(a)
Orange County Minor in Possession of Alcohol Attorney
If you’re charged with being a minor in possession of alcohol, the following is what the prosecutors must prove and the specific jury instructions that are read by the jury to determine a verdict. Call the Law Offices of Nam Q. Doan | OC Legal Defense at (714) 248-DOAN (3626) for a consultation and visit www.OCLegalDefense.com and read the Minor in Possession of Alcohol section for more information.
Elements:
The defendant is charged with unlawfully possessing an alcoholic beverage when under 21 years old in violation of Business and Professions Code section 25662(a).
To prove that the defendant is guilty of this crime, the People must prove that:
- The defendant unlawfully possessed an alcoholic beverage (in/on) a street, highway, public place, or a place open to the public; AND
- At the time, the defendant was under 21 years old.
An alcoholic beverage is a liquid or solid material intended to be consumed that contains one-half of 1 percent or more of alcohol by volume. [An alcoholic beverage includes <insert type[s] of beverage[s] from Bus. & Prof. Code, § 23004, e.g., wine, beer>.]
[Under the law, a person becomes one year older as soon as the first minute of his or her birthday has begun.]
[Two or more persons may possess something at the same time.]
[A person does not have to actually hold or touch something to possess it. It is enough if the person has (control over it/ [or] the right to control it), either personally or through another person.]
<Defense: Following Reasonable Adult Instructions>
[The defendant did not unlawfully possess an alcoholic beverage if (he/she) was following, in a timely manner, the reasonable instructions of (his/her) (parent/legal guardian/responsible adult relative/employer/ <insert name or description of person designated by parent or legal guardian>) to deliver [or dispose of] the alcoholic beverage. The People have the burden of proving beyond a reasonable doubt that the defendant was not following such instructions. If the People have not met this burden, you must find the defendant not guilty of this crime.]