California Criminal Jury Instructions (CALCRIM) (2017)

2961. Purchase of Alcoholic Beverage by Person Under 21

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2961.Purchase of Alcoholic Beverage by Person Under 21 (Bus.
& Prof. Code, § 25658(b))
The defendant is charged [in Count ] with (purchasing/ [or]
(drinking/consuming)) an alcoholic beverage when under 21 years old
[in violation of Business and Professions Code section 25658(b)].
To prove that the defendant is guilty of this crime, the People must
prove that:
<Alternative 1A—purchased>
[1. The defendant purchased an alcoholic beverage;]
<Alternative 1B—drank or consumed>
[1. The defendant (drank/consumed) an alcoholic beverage at a
business that was lawfully licensed to sell alcoholic beverages;]
AND
2. 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.]
New January 2006
BENCH NOTES
Instructional Duty
The court has a sua sponte duty to give this instruction defining the elements of
the crime.
Give the bracketed sentence about calculating age if requested. (Fam. Code,
§ 6500; In re Harris (1993) 5 Cal.4th 813, 849–850 [21 Cal.Rptr.2d 373, 855 P.2d
391].)
AUTHORITY
• Elements. Bus. & Prof. Code, § 25658(b).
• Alcoholic Beverage Defined. Bus. & Prof. Code, § 23004.
Secondary Sources
2 Witkin & Epstein, California Criminal Law (3d ed. 2000), Crimes Against Public
Peace and Welfare, § 291.
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