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Originally Posted by jonathan lall
Quote:
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Originally Posted by cdr1122334455
But I'm suprised they didn't have an additional count of serving Alcohol to a Minor, that he almost definetly would be convicted of, but he can probably pay his way in fines out of that one.
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These are covered in counts 7-10. But I can just hear it now: "Jesus Juice all around, kids. We're celebrating!" I kid, of course.
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Serving alcohol to a person under 21 is a
misdemeanour in California; serving an intoxicant to any person in order to assist in a felony (e.g. child molestation) is itself a
felony. They likely couldn't charge him with both counts for the same alleged offence, so they elected to pursue the one with the significant penalties attached. The trouble is, the standard of proof is higher for the felony; the State has to show that the alcohol was administered with the intent to commit a felony—if the felony can't be proven, and conspiracy (to commit the felony) can't be proven, it would probably be very difficult to show that the intent to commit a felony existed.
They can't charge him with the misdemeanour now, because he's already been acquitted of the felony.