Tennessee Criminal Lawyer Blog

The first defense to this charge is that the adult asking a minor to purchase alcoholic beverages is actually a law enforcement officer who is asking the minor to purchase alcohol from an establishment or individual as part of an operation designed to prevent the selling of alcohol to minors. Since it is highly unlikely that minors used as what are essentially undercover officers will ever be arrested for acting as such, this defense warrants very little discussion. Another defense which is of very little use is that a person can sell, transport, or otherwise distribute alcohol during the course of a person's employment if that person is age eighteen or older. This defense also largely encompasses situations in which individuals are not likely to be charged. A better defense is contained in (c) of the statute, which reads as followed:

(c) It is an affirmative defense to prosecution under this section that any person accused of giving or buying alcoholic beverages or beer for a minor acted upon a reasonably held belief that the minor was of legal age. The belief may be acquired by virtue of the minor making a false statement or presenting false identification that indicates that the minor is twenty-one (21) years of age or older.

Perhaps the best defense to this charge is that the charged individual reasonably believed that the person was of legal age to consume alcohol. This will most likely be the case when the charged individual was presented with a fake ID or some other seemingly reliable piece of information that indicated that the recipient of the alcohol was of legal age. This defense will not be well-supported where the charged individual simply assumed that the recipient of the alcohol was of legal age or did not request some form of identification.

If you or a loved one has been charged under this statute, it is important to get started preparing the best defense as soon as possible. Contact a Tennessee criminal defense attorney for assistance with your case.