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  1. #1

    Default Can You Be Fined Per Beer or Beverage for Selling Alcohol to a Minor

    My question involves criminal law for the state of: Underage Drinking in PA

    My friend was recently charged with an underage drinking and during the process the officer also "stated" (not written on the ticket) that he could be charged $60 per beer in his possession. He had 6 unopened cans in his backpack. Is this law real or just something that the officer stated. I researched the underage law and they stated that the highest fee could be 300 for a first time offender and nothing on a per-ammount surcharge.

    Any help would be greatly appreciated thanks, Chris

  2. #2
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    Default Re: Can You Be Fined Per Beer or Beverage for Selling Alcohol to a Minor

    That's not described in the most likely statute; but you haven't indicated what statute or ordinance he's charged with violating.
    Quote Quoting 18 Pa.C.S.A. § 6308 Purchase, consumption, possession or transportation of liquor or malt or brewed beverages
    (a) Offense defined.--A person commits a summary offense if he, being less than 21 years of age, attempts to purchase, purchases, consumes, possesses or knowingly and intentionally transports any liquor or malt or brewed beverages, as defined in section 6310.6 (relating to definitions). For the purposes of this section, it shall not be a defense that the liquor or malt or brewed beverage was consumed in a jurisdiction other than the jurisdiction where the citation for underage drinking was issued.

    (b) Penalty.--In addition to the penalty imposed pursuant to section 6310.4 (relating to restriction of operating privileges), a person convicted of violating subsection (a) may be sentenced to pay a fine of not more than $500 for the second and each subsequent violation.

    (c) Preadjudication disposition.--
    (1) When a person is charged with violating subsection (a), the magisterial district judge may admit the offender to the adjudication alternative as authorized in 42 Pa.C.S. § 1520 (relating to adjudication alternative program) or any other preadjudication disposition if the offender has not previously received a preadjudication disposition for violating subsection (a).

    (2) The use of a preadjudication disposition shall be considered a first or subsequent offense, whichever is applicable, for the purpose of further adjudication under this section or under section 6310.4.
    (d) Notification.--The police department making an arrest for a suspected violation of subsection (a) shall so notify the parents or guardian of the minor charged.

  3. #3

    Default Re: Can You Be Fined Per Beer or Beverage for Selling Alcohol to a Minor

    If he had 6 individual cans, that can be charged as 6 counts of the same offense. (Of course a defense attorney could argue that they were bought as one purchase, as a single "set" of a 6-pack, which should constitute a SINGLE, and not 6 counts, but that is a potential defense and doesn't stop the officer from charging the offense at the highest level and number of counts possible).

  4. #4
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    Default Re: Can You Be Fined Per Beer or Beverage for Selling Alcohol to a Minor

    Agree with Aardvark here.

    If a six pack was bought in 1 purchase the crime was "completed" in 1 transaction.

    IMO, Double Jeopardy would bar a successful prosecution to 6 counts as the 1 purchase would be the same "offense/transaction" for DJ purposes.

    If 6 cans were bought seperately to start and complete a crime, then DJ would not bar it as they are different and distinct offenses.

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