Legal Question in Criminal Law in Iowa

what is the correct legal meaning for possession/purchase of alcohol by person 18-20 1st offense


Asked on 10/06/09, 5:03 pm

1 Answer from Attorneys

Robert Luedeman solo practitioner

It's in Iowa Code section 123.47. Here you go.

123.47 PERSONS UNDER LEGAL AGE -- PENALTY.

1. A person shall not sell, give, or otherwise supply alcoholic

liquor, wine, or beer to any person knowing or having reasonable

cause to believe that person to be under legal age.

2. A person or persons under legal age shall not purchase or

attempt to purchase, or individually or jointly have alcoholic

liquor, wine, or beer in their possession or control; except in the

case of liquor, wine, or beer given or dispensed to a person under

legal age within a private home and with the knowledge, presence, and

consent of the parent or guardian, for beverage or medicinal purposes

or as administered to the person by either a physician or dentist for

medicinal purposes and except to the extent that a person under legal

age may handle alcoholic beverages, wine, and beer during the regular

course of the person's employment by a liquor control licensee, or

wine or beer permittee under this chapter.

3. a. A person who is under legal age, other than a licensee

or permittee, who violates this section regarding the purchase of or

attempt to purchase alcoholic liquor, wine, or beer, or possessing or

having control of alcoholic liquor, wine, or beer, commits the

following:

(1) A simple misdemeanor punishable as a scheduled violation

under section 805.8C, subsection 7.

(2) A second offense shall be a simple misdemeanor punishable by

a fine of five hundred dollars. In addition to any other applicable

penalty, the person in violation of this section shall choose between

either completing a substance abuse evaluation or the suspension of

the person's motor vehicle operating privileges for a period not to

exceed one year.

(3) A third or subsequent offense shall be a simple misdemeanor

punishable by a fine of five hundred dollars and the suspension of

the person's motor vehicle operating privileges for a period not to

exceed one year.

b. The court may, in its discretion, order the person who is

under legal age to perform community service work under section

909.3A, of an equivalent value to the fine imposed under this

section.

c. If the person who commits a violation of this section is

under the age of eighteen, the matter shall be disposed of in the

manner provided in chapter 232.

4. Except as otherwise provided in subsections 5 and 6, a person

who is of legal age, other than a licensee or permittee, who sells,

gives, or otherwise supplies alcoholic liquor, wine, or beer to a

person who is under legal age in violation of this section commits a

serious misdemeanor punishable by a minimum fine of five hundred

dollars.

5. A person who is of legal age, other than a licensee or

permittee, who sells, gives, or otherwise supplies alcoholic liquor,

wine, or beer to a person who is under legal age in violation of this

section which results in serious injury to any person commits an

aggravated misdemeanor.

6. A person who is of legal age, other than a licensee or

permittee, who sells, gives, or otherwise supplies alcoholic liquor,

wine, or beer to a person who is under legal age in violation of this

section which results in the death of any person commits a class "D"

felony.

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Answered on 10/08/09, 5:08 pm


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