CR60-206 12/12/16

 

ENABLING CONSUMPTION OF ALCOHOL BY A MINOR 7 V.S.A. 658(a)(2)

 

The State has charged (Def)_______________ with enabling the consumption of alcohol by a minor, as follows:

[Read the charge.]

Every crime is made up of essential elements. Before (Def)_______________ can be found guilty of the charge, the State must have proven each of the essential elements beyond a reasonable doubt. In this case, the essential elements are that on the date and at the place alleged,

(1)               (Def)_______________;

(2)               enabled the consumption of [[malt] [vinous] beverages] [spirits] [fortified wines] by (minor)_______________;

(3)               [he] [she] did so knowingly;

(4)               at the time, (minor)_______________ was under the age of 21 years; and

(5)               (Def)_______________ knew that (minor)_______________ was under age 21.

The first essential element is that (Def)_______________ is the person who committed the alleged acts.

The second essential element is that (Def)_______________ enabled the consumption of [[malt] [vinous] beverages] [spirits] [fortified wines] by (minor)_______________. To enable the consumption of [[malt] [vinous] beverages] [spirits] [fortified wines] means to create a direct and immediate opportunity for a person to consume [[malt] [vinous] beverages] [spirits] [fortified wines].

Alcohol is the product of distillation of spirits or any fermented malt or vinous beverage, including ethyl alcohol and nonpotable alcohol.

[Malt beverages are all fermented beverages of any name or description, manufactured for sale from malt, wholly or in part, or from any substitute, known as beer, porter, ale and stout, containing between one and 16 percent of alcohol by volume at 60 degrees Fahrenheit.]

[Vinous beverages are all fermented beverages of any name or description, manufactured or obtained for sale from the natural sugar content of fruits, or other agricultural product, containing sugar, the alcoholic content of which is between one and 16 percent by volume at 60 degrees Fahrenheit.]

[Spirits are beverages that contain more than one percent of alcohol obtained by distillation, by chemical synthesis, or through concentration by freezing; vinous beverages containing more than 23 percent of alcohol; and malt beverages containing more than 16 percent of alcohol or more than six percent of alcohol if the terminal specific gravity thereof is less than 1.009; in each case measured by volume at 60 degrees Fahrenheit.]

[Fortified wines are vinous beverages, including those to which spirits have been added during manufacture, containing between 16 and 23 percent alcohol by volume at 60 degrees Fahrenheit, and all vermouths containing no more than 23 percent alcohol by volume at 60 degrees Fahrenheit.]

The third essential element is that (Def)_______________ acted knowingly. The State must have proven that (Def)_______________ acted knowingly, and not inadvertently, or because of mistake, or by accident.

The fourth essential element is that (Def)_______________ enabled the consumption of alcohol at a time when (minor)_______________ was under the age of 21 years. As used here, the word minor means someone who has not reached the age of 21.

The last essential element is that, at the time of the offense, (Def)_______________ knew that (minor)_______________ was under the age of 21.

Here the State alleges that (Def)_______________ enabled the consumption of alcohol by (minor)_______________ by (specific acts)_______________.

All of the elements of the offense must have been present at the same time. If the State has not proven each of the essential elements of the charge beyond a reasonable doubt, then you must find (Def)_______________ not guilty. However, if the State has proven all of the essential elements beyond a reasonable doubt, you must return a verdict of guilty.