Chapter 63: Minors Flashcards Preview

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Flashcards in Chapter 63: Minors Deck (20):
1

-knowingly, willfully, and falsely

-represents to any licensed dealer or other person

-any minor to be "of age"

-for the purpose of inducing any such licensed dealer or other person to sell or furnish any liquor or malt/brewed beverages

6309: Representing that a Minor is of Age

M.3

2

-intentionally/knowingly/recklessly

-mauf/makes/alters/sells/attempts to sell

-an identification card falsely representing the identity, birthdate, or age of another

6310.2: Manuf. or Sale of False Identification Card

M.2

Additional Fine:

  • 1st offense: Adult: $1,000; Juv: $500
  • 2nd offense: Adult: $2,500; Juv: $1,000

3

-procures, for another person

- a child under 18y/o

-for purpose of sexual exploitation

 

Sexual Exploitation= actual/simulated sexual activity or nudity arranged for the purpose of sexual stimulation/gratification of any person 

6320: Sexual Exploitation of Children

F.2

4

-sells, causes to be sold, gives, or furnishes to anyone under 18y/o, OR

-anyone who is under 18y/o: purchases, accecpts, receieves, or possesses

-any "starter pistol" specially designed to receive and discharge blank cartridges

6303: Sale of Started Pistols

M.1

5

-sells/causes to be sold to any person under 18y/o:

-any deadly weapon, cartridge, gunpowder, or other similar explosive substance

 

**shall not prohibit hunting by minors under 18 where permitted under title 34

6302: Sale/Lease of weapons and Explosives

M.1

6

-intentionally and knowingly

-sells/furnishes non-alcoholic beverages

-to any person under 21 years of age

 

**non-alcoholic= intended/marketed as non-alch beer, wine, liquor; but not more than .5% alcohol by volume

6310.7: Selling/Furnishing non-alcoholic beverages to persons under 21

S.

7

-being of the age of 18 years and upwards

-by any act,

-corrupts the morals of any minor less than 18, or\

-aids, abets, entices or encourages any such minor in the commission of any crime, or who knowingly assists or encourages such minor in violating his or her parole or any order of court

6301(a)(1)(i): Corruption of Minors

M.1

8

-being of the age of 18 years and upwards

-by any course of conduct in violation of Chapter 31 (relating to sexual offenses)

-corrupts morals of any minor less than 18 years of age, or

-who aids, abets, entices or encourages any such minor in the commission of an offense under Chapter 31 

6301(a)(1)(ii): Corruption of Minors 

F.3

9

-aids, abets, entices or encourages a minor younger than 18 years of age to commit truancy

6301(a)(2): Corruption of Minors

S

M.3= person who violates this section within one year of the date of the first conviction

  **Violation of this section does not apply as a prohibition of firearms according to 6105

10

6301: Corruption of Minors

Mistake as to age defense

  • Whenever in this section the criminality
    of conduct depends upon the corruption of a minor whose actual age is under 16 years, it is no defense that the actor did not know the age of the minor or reasonably believed the minor to be older than 18 years
  • Whenever in this section the criminality
    of conduct depends upon the  corruption of a minor whose actual age is 16 years or more but less than 18 years, it is a defense for the actor to prove by a preponderance of the  evidence that he reasonably believed the minor to be 18 years or older.

11

-being under the age of 21

-knowingly and falsely represents himself to be 21 years of age or older to any licensed dealer, distributor or other person

-for the purpose of procuring or having furnished to
him, any liquor or malt or brewed beverages

6307: Misrepresentation of age to secure liquor/malt/brewed beverages

S= first offense

M.3= second/subsequent violations

  **additional penalty= fine of not more than $500 for subsequent violations

12

-being less than 21

-attempts to purchase, purchases, consumes, possesses or knowingly and intentionally transports any liquor or malt or brewed beverages

6308: Purchase, consumption, possession or transportation of liquor/malt/brewed beverages

S

13

-hires or requests or induces any minor to purchase,
or offer to purchase, liquor or malt or brewed beverages

6310: Inducement of minors to buy liquor/malt/brewed beverages

M.3

14

-intentionally and knowingly sells or intentionally and knowingly furnishes, or purchases with the intent to
sell or furnish, any liquor or malt or brewed beverages to a person who is less than 21

6310.1: Selling or furnishing liquor/malt/brewed beverages to minors

M.3

  **does not apply to any religious ceremony where to amount of wine served does not exceed the amount reasonably, customarily, and traditionally required as an integral part of the service

15

-being under 21

-possesses an identification card falsely identifying that person by name, age, date of birth or photograph as being 21 years of age or older, or

-obtains or attempts to obtain liquor or malt or brewed beverages by using the identification card of another or by using an identification card that has not been lawfully issued to or in the name of that person who possesses the card

6310.3: Carrying a false identification card

S= first offense

M.3= second, subsequent violations

16

  • tattoos any person under the age of 18 years without the parent or guardian  giving consent for the tattooing and being present at the time of the tattooing
  • for compensation he punctures a part of the body of any person under the age of 18 with the intent to create a  permanent hole for cosmetic purposes without the parent or guardian giving consent for the piercing  and being present at the time of the piercing

6311: Tatooing and body piercing

M.3= first offense

M.2= second or subsequnet offense

17

  • causes or knowingly permits a child under the age of 18 years to engage in a prohibited sexual act or in the simulation of such act
  • knows, has reason to know or intends that such act may be photographed, videotaped, depicted on computer or filmed
  • knowingly photographs, videotapes, depicts on computer or films a child under the age of 18 years engaging in  a prohibited sexual act or in the simulation of such an act

6312(b): Sexual Abuse of Children (photgraphing, videotaping, depicting on computer or filming sexual acts)

F.2

**it is no defense that the defendant did not know the age of the child. Neither a misrepresentation of age by the child nor a bona fide belief that the person is over the specified age shall be a defense (this subsection only)

 

 

18

-knowingly sells, distributes, delivers, disseminates, transfers, displays or exhibits to others, or who possesses for the purpose of sale, distribution, delivery, dissemination, transfer, display or exhibition to others:

-any book, magazine, pamphlet, slide, photograph,
film, videotape, computer depiction or other material depicting a child under the age of 18 years engaging in a prohibited sexual act or in the simulation of such act

6312(c): Sexual Abuse of Children (dissemination of photographs, videotapes, computer depictions and films)

F.3= first offense

F.2= second or subsequent offense

19

-intentionally views, knowingly possesses, or controls any book, magazine, pamphlet, slide, photograph, film,
videotape, computer depiction or other material:

-depicting a child under the age of 18 years engaging
in a prohibited sexual act or in the simulation of such act

6312(d): Sexual Abuse of Children (child pornography)

F.3= first offense

F.2= second or subsequent offense

  **Prohibited sexual act= Sexual intercourse as defined in section 3101 (relating to definitions), masturbation, sadism, masochism, bestiality, fellatio, cunnilingus, lewd exhibition of the genitals or nudity if such nudity is depicted for the purpose of sexual stimulation or gratification of any person who might view such depiction

20

-Intentionally in contact with a minor for the purpose of engaging in an activity prohibitd under the following:

  • any offense listed in ch 31(sexual offenses)
  • 5901 (open lewdness)
  • 5902 (prostitution)
  • 5903 (obscene/other sexual materials)
  • 6312 (sexual abuse of children)
  • 6320 (sexual exploitation of children)

6318: Unlawful Contact w/ Minor

  •  F3

 

  • same grade as the most serious underlying offense

   ***WHICHEVER IS GREATER