please anybody can answer my question

[Dinpoudel]

What is the name of your state? ca

Unknowlingly selling a liquor to a minor in one of the sting operation is that a crime involving moral turpitude??

any suggestion would be higly appriciated.

Thank you

 

[TYRIS]

What is the name of your state? ca

Unknowlingly selling a liquor to a minor in one of the sting operation is that a crime involving moral turpitude??

any suggestion would be higly appriciated.

Thank you

- Did you check I.D. ?

Regardless...yes, it is a crime. I can think of a couple of code sections that were violated. What were you charged with?


Tyris

 

[CdwJava]

Is it generally considered a crime of "moral turpitude"? No. But, it would depend on the specific charge. I don't recall a section covering the "unknowing" sale of alcohol to a minor in the Penal Code or the Businesses and Professions Code.

Why do you ask?

- Carl

 

[garrula lingua]

It's in the B&P code (25662?)

OP: are you asking because of immigration consequences ?

Post this on the immigration board. Immigration can look at things differently.

 

[CdwJava]

It's in the B&P code (25662?)

OP: are you asking because of immigration consequences ?

Post this on the immigration board. Immigration can look at things differently.

Yes, but "unknowing" is not an element as I recall. There are a few sections that deal with providing (selling, etc.) alcohol to minors ... just used a slew of them last week, in fact. Spring Break - what fun!

I was also looking that the query could have been regarding law enforcement applications - and other background investigations - which discuss crimes of "moral turpitude".

- Carl

 

[garrula lingua]

crime of general intent; no specific intent has to be proven at trial; onus is on the seller of alcohol to ensure buyer is 21 or older. (I doubt if a jury would convict if the minor used a really good fake ID).

BUSINESS & PROFESSION CODE:
25658. (a) Except as otherwise provided in subdivision (c), every
person who sells, furnishes, gives, or causes to be sold, furnished,
or given away, any alcoholic beverage to any person under the age of
21 years is guilty of a misdemeanor.
(b) Any person under the age of 21 years who purchases any
alcoholic beverage, or any person under the age of 21 years who
consumes any alcoholic beverage in any on-sale premises, is guilty of
a misdemeanor.
(c) Any person who violates subdivision (a) by purchasing any
alcoholic beverage for, or furnishing, giving, or giving away any
alcoholic beverage to, a person under the age of 21 years, and the
person under the age of 21 years thereafter consumes the alcohol and
thereby proximately causes great bodily injury or death to himself,
herself, or any other person, is guilty of a misdemeanor.
(d) Any on-sale licensee who knowingly permits a person under the
age of 21 years to consume any alcoholic beverage in the on-sale
premises, whether or not the licensee has knowledge that the person
is under the age of 21 years, is guilty of a misdemeanor.
(e) (1) Except as otherwise provided in paragraph (2) or (3), any
person who violates this section shall be punished by a fine of two
hundred fifty dollars ($250), no part of which shall be suspended, or
the person shall be required to perform not less than 24 hours or
more than 32 hours of community service during hours when the person
is not employed and is not attending school, or a combination of a
fine and community service as determined by the court. A second or
subsequent violation of subdivision (b) shall be punished by a fine
of not more than five hundred dollars ($500), or the person shall be
required to perform not less than 36 hours or more than 48 hours of
community service during hours when the person is not employed and is
not attending school, or a combination of a fine and community
service as determined by the court. It is the intent of the
Legislature that the community service requirements prescribed in
this section require service at an alcohol or drug treatment program
or facility or at a county coroner's office, if available, in the
area where the violation occurred or where the person resides.
(2) Except as provided in paragraph (3), any person who violates
subdivision (a) by furnishing an alcoholic beverage, or causing an
alcoholic beverage to be furnished, to a minor shall be punished by a
fine of one thousand dollars ($1,000), no part of which shall be
suspended, and the person shall be required to perform not less than
24 hours of community service during hours when the person is not
employed and is not attending school.
1,000 fine equals 2,700 after penalty and assessment
(3) Any person who violates subdivision (c) shall be punished by
imprisonment in a county jail for a minimum term of six months not to
exceed one year, by a fine not exceeding one thousand dollars
($1,000), or by both imprisonment and fine.
(f) Persons under the age of 21 years may be used by peace
officers in the enforcement of this section to apprehend licensees,
or employees or agents of licensees, who sell alcoholic beverages to
minors. Notwithstanding subdivision (b), any person under the age of
21 years who purchases or attempts to purchase any alcoholic beverage
while under the direction of a peace officer is immune from
prosecution for that purchase or attempt to purchase an alcoholic
beverage. Guidelines with respect to the use of persons under the age
of 21 years as decoys shall be adopted and published by the
department in accordance with the rulemaking portion of the
Administrative Procedure Act (Chapter 3.5 (commencing with Section
11340) of Part 1 of Division 3 of Title 2 of the Government Code).
Law enforcement-initiated minor decoy programs in operation prior to
the effective date of regulatory guidelines adopted by the department
shall be authorized as long as the minor decoy displays to the
seller of alcoholic beverages the appearance of a person under the
age of 21 years. This subdivision shall not be construed to prevent
the department from taking disciplinary action against a licensee who
sells alcoholic beverages to a minor decoy prior to the department's
final adoption of regulatory guidelines. After the completion of
every minor decoy program performed under this subdivision, the law
enforcement agency using the decoy shall notify licensees within 72
hours of the results of the program. When the use of a minor decoy
results in the issuance of a citation, the notification required
shall be given within 72 hours of the issuance of the citation. A law
enforcement agency may comply with this requirement by leaving a
written notice at the licensed premises addressed to the licensee, or
by mailing a notice addressed to the licensee.
(g) The penalties imposed by this section do not preclude
prosecution under any other provision of law, including, but not
limited to, Section 272 of the Penal Code.

 

[CdwJava]

Yes, I understand the issue of general intent ... it was the insinuation by the OP that it was an accident that the alcohol was sold to someone underage that i was getting at. By reference to his "unknowing" participation in the sale to a decoy I inferred his reference to the crime being akin to some fluke or accident rather than being an "act" or "omission".

- Carl