Senate Bill No. 91–Committee on Judiciary

 

(On Behalf of the Nevada Sheriffs
and Chiefs Association)

 

February 11, 2003

____________

 

Referred to Committee on Judiciary

 

SUMMARY—Removes element of knowledge from crime of selling, giving or furnishing alcoholic beverage to person under 21 years of age. (BDR 15‑319)

 

FISCAL NOTE:  Effect on Local Government: Yes.

                           Effect on the State: No.

 

~

 

EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

AN ACT relating to alcoholic beverages; removing the element of knowledge from the crime of selling, giving or furnishing an alcoholic beverage to any person under 21 years of age; and providing other matters properly relating thereto.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

1-1  Section 1. NRS 202.055 is hereby amended to read as follows:

1-2  202.055  1.  [Every] Except as otherwise provided in this

1-3  section, a person who : [knowingly:]

1-4  (a) Sells, gives or otherwise furnishes an alcoholic beverage to

1-5  any person under 21 years of age;

1-6  (b) Leaves or deposits any alcoholic beverage in any place with

1-7  the intent that it will be procured by any person under 21 years of

1-8  age; or

1-9  (c) Furnishes, gives, or causes to be given any money or thing of

1-10  value to any person under 21 years of age with the knowledge that

1-11  the money or thing of value is to be used by the person under 21

1-12  years of age to purchase or procure any alcoholic beverage,

1-13  is guilty of a misdemeanor.

2-1  2.  Paragraph (a) of subsection 1 does not apply to a parent,

2-2  guardian or physician of the person under 21 years of age.

2-3  3.  Except as otherwise provided in this subsection, in a

2-4  prosecution for a violation of paragraph (a) of subsection 1, it is a

2-5  complete defense that immediately before selling, giving or

2-6  otherwise furnishing an alcoholic beverage to a person under 21

2-7  years of age, the person who sold, gave or otherwise furnished the

2-8  alcoholic beverage was shown a document which appeared to be

2-9  issued by an agency of a federal, state or local government and

2-10  which indicated that the person to whom the alcoholic beverage

2-11  was sold, given or otherwise furnished was 21 years of age or

2-12  older at the time the alcoholic beverage was sold, given or

2-13  otherwise furnished to the person. The complete defense set forth

2-14  in this subsection does not apply if:

2-15      (a) The document which was shown to the person who sold,

2-16  gave or otherwise furnished the alcoholic beverage was

2-17  counterfeit, forged or altered, or was issued to a person other than

2-18  the person to whom the alcoholic beverage was sold, given or

2-19  otherwise furnished; and

2-20      (b) Under the circumstances, a reasonable person would have

2-21  known or suspected that the document was counterfeit, forged or

2-22  altered, or was issued to a person other than the person to whom

2-23  the alcoholic beverage was sold, given or otherwise furnished.

2-24      4.  Every person who sells, gives or otherwise furnishes

2-25  alcoholic beverages through the use of the Internet shall adopt a

2-26  policy to prevent a person under 21 years of age from obtaining an

2-27  alcoholic beverage from the person through the use of the Internet.

2-28  The policy must include, without limitation, a method for ensuring

2-29  that the person who delivers the alcoholic beverages obtains the

2-30  signature of a person who is over the age of 21 years when

2-31  delivering the beverages and that the packaging or wrapping of the

2-32  alcoholic beverages when they are shipped is clearly marked with

2-33  words that describe the alcoholic beverages. A person who fails to

2-34  adopt a policy pursuant to this subsection is guilty of a misdemeanor

2-35  and shall be punished by a fine of not more than $500.

2-36      Sec. 2.  NRS 205.460 is hereby amended to read as follows:

2-37      205.460  1.  Every person who counterfeits, forges, alters,

2-38  erases or obliterates, or who attempts to counterfeit, forge, alter,

2-39  erase or obliterate any card, writing, paper or document, or any

2-40  photocopy print, photostat, or other replica of any card, writing,

2-41  paper or document which is designed for the purpose of personal

2-42  identification and which bears the age of the holder or purported

2-43  holder thereof, or which, although not designed for the purpose of

2-44  personal identification, is commonly used, or capable of being used

2-45  for the purpose of personal identification and bears the age of the

3-1  holder or purported holder thereof, with the intention that such card,

3-2  writing, paper or document, or photocopy print, photostat or other

3-3  replica thereof, be used by a person under the age of 21 years to

3-4  establish falsely or misrepresent his actual age for the purpose of

3-5  purchasing alcoholic liquor or being served alcoholic liquor in a

3-6  place where it is served for consumption on the premises, or

3-7  entering gambling establishments, or engaging in gambling in

3-8  gambling establishments, shall be guilty of a misdemeanor. For the

3-9  purposes of this subsection, the cards, writings, papers or documents

3-10  and the photocopy prints or other replicas thereof which, although

3-11  not designed for the purpose of personal identification, are

3-12  commonly used, or capable of being used, for the purpose of

3-13  personal identification, include, but are not limited to, an operator’s

3-14  license, chauffeur’s license, fishing or hunting license, selective

3-15  service card, organizational membership card, certificate of

3-16  discharge from the Armed Forces, or certificate or other record of

3-17  birth.

3-18      2.  Every person who sells, lends, gives away or offers, or

3-19  attempts to sell, lend, give away or offer, any counterfeited, forged,

3-20  altered, erased or obliterated card, writing, paper or document, or

3-21  photocopy print, photostat or other replica thereof, of the kind

3-22  mentioned in subsection 1, to a person under the age of 21 years,

3-23  shall be guilty of a gross misdemeanor.

3-24      3.  Every person under the age of 21 years who uses or attempts

3-25  to use or proffers any counterfeited, forged, erased or obliterated

3-26  card, writing, paper, document, or any photocopy print, photostat or

3-27  other replica thereof, of the kind mentioned in subsection 1, for the

3-28  purpose and with the intention of purchasing alcoholic liquor or

3-29  being served alcoholic liquor in a place where it is served for

3-30  consumption on the premises, or entering gambling establishments,

3-31  or engaging in gambling in gambling establishments, or who

3-32  actually purchases alcoholic liquor or is actually served alcoholic

3-33  liquor in a place where it is served for consumption on the premises,

3-34  or actually enters a gambling establishment or actually gambles

3-35  therein, when the purchase, service, entering or gambling is induced

3-36  or permitted by the presentation of any such card, writing, paper or

3-37  document, or any photocopy print, photostat or other replica thereof,

3-38  shall be guilty of a misdemeanor.

3-39      4.  In any criminal prosecution or proceeding for the suspension

3-40  or revocation of any license based upon the violation of any law

3-41  making it unlawful [to sell, serve or furnish a person under the age

3-42  of 21 years alcoholic liquor or upon violation of any law making it

3-43  unlawful] to allow a person under the age of 21 years to enter a

3-44  gambling establishment or engage in gambling in a gambling

3-45  establishment, proof that the defendant licensee, or his agent or

4-1  employee, demanded and was shown, immediately before

4-2  [furnishing any alcoholic liquor to a person under the age of 21

4-3  years or] allowing a person under the age of 21 years to enter a

4-4  gambling establishment or engage in gambling in a gambling

4-5  establishment, bona fide documentary evidence of the majority and

4-6  identity of the person issued by a federal, state, county or municipal

4-7  government, or subdivision or agency thereof, including, but not

4-8  limited to, an operator’s license for a motor vehicle, a registration

4-9  certificate issued under the Federal Selective Service Act, or an

4-10  identification card issued to a member of the Armed Forces, is a

4-11  defense to the prosecution or proceeding for the suspension or

4-12  revocation of any license.

4-13      Sec. 3.  This act becomes effective on July 1, 2003.

 

4-14  H