Unlawful Acts - Alcohol

When an innocent mistake can send you to jail...

Unlawful Acts Defense Lawyer

Alcohol to Adults Under 21 in Arapahoe County - C.R.S. 12-47-901

The definition of Unlawful Acts, C.R.S. 12-47-901, states: "it is unlawful for any person to sell, serve, give away, dispose of, exchange, or deliver or permit the sale, serving, giving, or procuring of any alcohol beverage to or for any person under the age of twenty-one years."

Unlawful Acts is a class one misdemeanor, punishable by a county jail sentence. This same statute also makes it illegal to provide alcohol to a "visibly intoxicated person or to a known habitual drunkard"

The charge of Contributing to the Delinquency of a Minor in Englewood and Centennial, C.R.S. 18-6-701, won't fly because the person receiving the alcohol is an adult (over eighteen years old but under twenty-one years), so an Arapahoe County Police Officer will charge the offender with the crime of Unlawful Acts (Alcohol).

Alcohol Possession Law in Douglas County Does Not Make Sense

Colorado's alcohol laws for adults do not make sense. If you are eighteen, you can be arrested and tried as an adult, you can get drafted, you can vote, and you can go to prison. Yet, you can't make the decision to consume alcohol. While other countries have no limitations on alcohol possession and consumption, we are unnecessarily regulating what ADULTS can drink in Douglas County.

  • Note that this crime does not concern any conduct of the eighteen year old other than possession of the alcohol. The individual could be charged while acting lawfully in every other way.

Unlawful Acts Alcohol Charge in Denver - Two Common Situations Seen by Our Defense Lawyers

Our Denver lawyers commonly see this crime in two scenarios in Denver:

  1. Bartenders or bouncers failing to "card" younger patrons and serving alcohol to them and,
  2. Twenty-one year old and older persons serving beer or other alcoholic drinks at private parties.

In one instance, we learned of a young woman at a concert who asked a younger friend to hold her beer for a moment while she sorted through her purse. Although the two young women were only months apart, one was over 21 and one was below 21. Police cited both women for the incident: one with Unlawful Acts, and one with Illegal Possession or Consumption of Ethyl Alcohol by an Underage Person, also known as Minor in Possession (MIP), C.R.S. 18-13-122.

Adams County and Jefferson County Attorney for Unlawful Acts - Alcohol

Don't let a common occurrence such as serving alcohol to a person who looked over twenty-one in Adams County destroy your clean criminal record with a charge of Unlawful Acts. Defenses are available to this overly strict charge in Jefferson County. Contact the experienced criminal trial attorneys at the O'Malley Law Office today at 303-731-0719. Together, we can protect your future.

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