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  1. #1
    Join Date
    Mar 2009
    Posts
    1

    Default Providing Alcohol to A Minor

    My question involves criminal law for the state of: Delaware

    I recently went to the liquor store to purchase a few drinks for myself. One of my younger brother's friends (20 years old) asked if he could walk with me to the store (less than a block away from my apartment) having nothing else to do at the time. I obliged, we left from my apartment and we walked to the store. He remained outside of the store the entire time, meanwhile I was in the store deciding what to get. After a short time I finalized my purchase. I walked out of the store where my brother's friend was waiting for me. We walked maybe 15 seconds before I realized I didn't have anything to mix the alcohol with to make myself a drink. Not wanting to return to the store and walk around suspiciously with a bag in my hands, or to have the clerk watch my every move because of the bag; I handed the bag to my brother's friend and told him to walk home. After a short time I purchased a beer and a sprite, as I was at the register I saw a police car pulled over next to my brother's friend, while the officer began to frisk him. I go outside and am approached by and undercover officer who tells me to drop my bag and proceeds to frisk and ask if I am in possession of anything that may be harmful to him. I did not and told him so. He tells me that he had been watching me and saw me give the bag to my brother's friend. After 20 minutes of standing in the cold I finally received a summons for "providing alcohol to a minor" and my brother's friend received one for "possession of alcohol".

    I am curious as to if indeed we did commit a crime? After reading the code it seems as if this law is open to lots of interpretation especially regarding the definition of "possession" and "give". In addition I know that in order to commit a crime you must have intention to commit that crime. Since I did not intend on him keeping the bottle only watching it for me as I went back into the store did I intend to give him "possession" nor "consumption" of the bottle, and also the reverse, since he did not intend to keep or consume the bottle did he intend to possess?

  2. #2
    Join Date
    Mar 2007
    Posts
    9,096

    Default Re: Providing Alcohol to A Minor

    Quote Quoting biggtiggerr
    View Post
    I am curious as to if indeed we did commit a crime?
    Yup.

    He had the liquor you purchased in his hand and was walking away. He had control and possession.

    You gave him control and possession.

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