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  1. #1
    Join Date
    Mar 2009
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    Default 18 PA C.S. 6308(A) - Underage Non-Possession

    My question involves criminal law for the state of: PA

    My son was given a summons for 18 Pa.C.S. § 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.

    He drove a friend (over 21 years) to a beer distributor for 5 cases. The friend was approached in the store by a PA state trooper and was asked "who the beer was for". The friend answered "for the guys in the apartment". The friend was given a summons (I do not know the specific charge). The trooper then approached my son and asked him if any of the money involved in the beer transaction was his - my son answered "no". Both guys had not consumed any alcoholic beverages nor were breathalzed.

    Is my son guilty of 6308 (a) because he (almost) was the underage driver of a vehicle that contained alcoholic beverages? Is my son guilty because the friend admitted the beverages were not for him, but "for the guys in the apartment" - which included my son?

  2. #2
    Join Date
    Sep 2005
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    98,846

    Default Re: 18 PA C.S. 6308(A) - Underage Non-Possession

    As you, yourself, indicate: "A person commits a summary offense if he, being less than 21 years of age ... knowingly and intentionally transports any ... malt or brewed beverages...." If his friend bought the beer, and he was simply driving his friend, that would appear to be a defense to the charge; but if your son was part of a plan to get beer for an underaged beerfest, that's more problematic.

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