While the consumption of alcoholic beverages is generally legal in the state of Nevada, there are certain types of conduct in connection with alcoholic beverages that have been made unlawful. Crimes related to alcoholic beverages are considered to be offenses against public health and safety. Different types of alcohol-related crimes are defined in Chapter 202 of Title 15 of Nevada’s criminal code. Title 15 outlines all of the different kinds of criminal conduct in Nevada and within Title 15 are different chapters related to different kinds of offenses.
Within Chapter 202, all of the different crimes against public health and safety are organized into different subcategories, including a subcategory associated with unlawful behaviors connected to alcoholic beverages. A prosecutor will have to prove that you violated one of the laws in Chapter 202 and will have to prove each of the elements of the particular crime you have been accused of in order to secure a conviction against you.
If you have been accused of violating a law related to alcoholic beverages in Chapter 202 of Title 15, you should reach out to Nevada defense lawyers at LV Criminal Defense as soon as possible. Our compassionate and knowledgeable legal team has extensive experience providing representation to defendants who have been accused of crimes against public health and safety. We can work with you to create a personalized response to charges and to implement a plan aimed at helping you to avoid conviction for the crime that you have been accused of.
To find out more about how our firm can help you to fight for your future when you’re accused of a crime related to alcoholic beverages, give us a call today.
The subsection of Chapter 202 that deals with crimes related to alcoholic beverages contains Nevada Revised Statutes section 202.015 through Nevada Revised Statutes section 202.067.
The first of these statutes, N.R.S. 202.015, defines exactly what an alcoholic beverages is for purposes of the offenses defined in Chapter 202. According to the relevant statute, an alcoholic beverage is a fermented beverage, including beer, ale, porter, stout, sake, or similar products, that contains at least one half of one percent or more of alcohol by volume. The fermented beverage could have any name or description and it could be brewed in whole or in part from malt or from any substitute for malt.
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An alcoholic beverage could also include any beverage that is made by fermenting the natural content or fruit, sugar, or other agricultural products if the beverage contains at least one half of one percent of alcohol by volume, or could include any distilled spirits in any form including ethyl alcohol, ethanol, or any mixtures or dilutions produced therefrom.
The different offenses related to alcoholic beverages that are made illegal by Chapter 202 include:
• The purchase, consumption, or possession of any alcoholic beverages by minors. (N.R.S. 202.020).
• A minor loitering in a place where the sale of alcoholic beverages is taking place (N.R.S. 202.030).
• Minors making false representations in order to obtain intoxicating liquors (N.R.S. 202.040).
• Selling or otherwise providing alcoholic beverages to minors, or helping minors to obtain alcoholic beverages (N.R.S. 202.055).
• Using a person who is under the age of 18 to distribute alcoholic beverages (N.R.S. 202.057).
• The keeper of a saloon allowing a minor to stay in the saloon (N.R.S. 202.060).
• The sale of any alcoholic product or beverage that contains more than 80 percent alcohol by volume (N.R.S. 202.065).
• The sale or offer for sale of any alcohol vaporizing device, or the purchase, possession, or use of any alcoholic vaporizing device (N.R.S. 202.067).
Each of the statutes found within the Alcoholic Beverages subsection of Chapter 202 provides key information on what a prosecutor must prove in order for a defendant to be convicted and provides key information on the penalties associated with a particular offense related to alcohol.
For example, N.R.S. 202.020 defines the crime of purchase, consumption or possession of alcoholic beverages by minors to include any person under the age of 21 buying any alcoholic beverage or consuming any alcoholic beverage in a saloon, resort, or premises. It also includes any person under the age of 21 who possesses an alcoholic beverage in public for any reason, with public defined to include any location that is open to the public.
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The offense of purchase, consumption, or possession of alcohol by a minor is considered to be misdemeanor offense. However, the statute also defines exceptions to the law. For example, if a minor possesses alcohol for a religious reason, possesses alcohol in the presence of a spouse, parent, or legal guardian who is at least 21, or possesses alcohol in accordance with a prescription issued by an authorized prescriber, the minor will not be convicted of this offense.
If you or your child has been accused of the purchase, consumption, or possession of alcoholic beverage by a minor, or if you or your child are accused of any other offense in Chapter 202, it’s very important you take the criminal charges seriously.
Even when offenses related to alcoholic beverages are classified as misdemeanor offenses, conviction could still lead to a criminal record and conviction could still; potentially result in jail time, fines, probation, or other consequences. You want to do everything possible to fight the charges and to ensure that your future, or your child’s future, is not derailed as a result of an arrest.
An experienced Vegas defense lawyer at LV Criminal Defense can provide invaluable assistance to defendants accused of violating Nevada’s laws on alcoholic beverages found in Chapter 202. To find out more about how our firm can help you at every step of your criminal case, give us a call today.