NOT GUILTY CASE EXAMPLE: AUGUST 20, 2008

CLIENT CHARGED WITH “FACILITATING AN UNDERAGE DRUG OR ALCOHOL PARTY”

CASE EXAMPLE: The police responded to a dispatch call regarding an alleged underage drinking party.  Once at the scene the police discovered 12 to 15 young people both inside and outside the house they were called to.  The police went up to the door of the house and convinced the people to let them in, even though they had no warrant to do so.  Once inside, the police interrogated the occupants of the house about their ages and drinking.  The police ended up charging one of the people who lived at the house with “facilitating an underage drug or alcohol party”, which is a criminal offense, a misdemeanor.

HERE IS THE UNUSUAL LAW UNDER WHICH THE PERSON WAS CHARGED BY THE POLICE:

CHAPTER 644  Breaches of the Peace and Related Offenses

RSA 644:18  (2008)

644:18  Facilitating a Drug or Underage Alcohol House Party.

  I. A person shall be guilty of a misdemeanor if such person owns or has control of the occupied structure, dwelling, or curtilage, where a drug or underage alcohol house party is held and such person knowingly commits an overt act in furtherance of the occurrence of the drug or underage alcohol house party knowing persons under the age of 21 possess or intend to consume alcoholic beverages or use controlled drugs at such drug or underage alcohol house party.

II. It is an affirmative defense to prosecution under this section if a person gives timely notice to a law enforcement official of the occurrence of the drug or underage alcohol house party or engages in other conduct designed to prevent the occurrence of such party, or takes action to terminate such party once underway.

III. In this section, "drug or underage alcohol house party" means a gathering of 5 or more people under the age of 21 at any occupied structure, dwelling, or curtilage, who are unrelated to the person who owns such occupied structure, dwelling, or curtilage or has control thereof, where at least one person under the age of 21 unlawfully possesses or consumes an alcoholic beverage or controlled drug. "Occupied structure" has the same meaning as in RSA 635:1 and "dwelling" and "curtilage" have the same meaning as in RSA 627:9.

IV. The provisions of this section shall not apply to the use of alcoholic beverages at legally protected religious observances or activities, or to those persons using a controlled drug under a physician's care where the use of the drug is consistent with the directions of a physician.

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NOT GUILTY VERDICT AFTER TRIAL: AUGUST 20, 2008