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Section 61-4-90 SC Code - Transfer of Beer

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Choosbug

Junior Member
What is the name of your state? SC

I have a son whom is 17 years old and has been charged violation of section 61-4-90 of the SC Code of Laws - He was at home (outside) and one of his female friends took one of the beers that he got from somewhere (who knows where he got them) and drank it. She then proceded to have relations with him and another one of his freinds (in front each of the other boys). Her mother hearing about this has raised cane with the local Lancaster county police dept so that the county looked for a reason to charge him with something. HE now has been charged with transfer of beer to a minor even though he is a minor. The minor girl that he had relations with did make a statement to the sherrifs office and so did the other boy, but neither of these minors where charged with anything. From my understanding both of the minors took the beer (meaning they stole it). Is it possible to charge a minor with providing another minor achohol? Is the law correct in this charge?
 


The Occultist

Senior Member
Are you attempting to claim that it's not possible for a minor to provide alcohol for another minor? and that only adults should be charged for providing alcohol to minors? :confused::rolleyes:
 

FlyingRon

Senior Member
Possession of alcohol by minors is a misdemeanor but is a $100-200 fine, it probably wasn't worth the prosecutor/officers time to press.
The SC code only requires the recipient to be charged if they were "buying" the beer.

Your son is looking at:

(1) for a first offense, must be fined not less than two hundred dollars nor more than three hundred dollars or imprisoned not more than thirty days, or both; and
 

Choosbug

Junior Member
Brady and Rule 5

No - what I am saying is that the officer never saw anything and I would like to charge both of the minors that took the beer and made the staements to the police with violation of the law. I intend to get disclosure of the statements provided to the sheriffs dept. and use their statements to charge them with posession of achohol by a minor. I intend to get the statements provided to the police by using brady and rule 5. I want to the use my rights as a citizen of the US, to then apprehend and have both of the other minor children charged as I believe that if wrong doing was done, then all should be charged not just one singled out as in this case. Is this possible? Can the statements provided to the police, be forced to be released by using Brady and Rule 5?
 

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