The University of Texas at Dallas Police Department

1. The University of Texas at Dallas Police Department PowerPoint Presentation

2. :: Overview I. Punishments • Class C misdemeanor • Class B misdemeanor • Class A misdemeanor • Felonies II. Culpable Mental States • Intentional • Knowing • Reckless • Criminal Negligence

3. :: Overview, Cont. III. TABC Summary for Minors • Purchase • Attempt to purchase • Possession • Consumption • Misrepresentation of age • Public intoxication by a minor • Minor driving under the influence Possession (Affirmative Links) Consumption / Public Intoxication by a Minor

4. :: Overview, Cont. IV. Sale / Purchase of Alcohol in Regards to Minors • Alcoholic beverages in dry areas • Prima facie evidence of intent to sell • Sale to a minor • Furnishing alcohol to a minor • Purchase of alcohol by a minor • Attempt to purchase of alcohol by a minor V. Identification • Possession of false identification • Misrepresentation of age by a minor • Delivery or manufacture of counterfeit identification • Tampering with government record VI. Care for a Drunk Person VII. BAC Chart

5. :: Punishments, Penal Code Chapter 12

6. :: Definitions of Culpable Mental States, Penal Code 6.03 Intentional • A person acts intentionally, or with intent, with respect to the nature of his conduct or to a result when it is his conscious objective or desire to engage in the conduct or cause the result. Knowing • A person acts knowingly, or with knowledge, with respect to the nature of his conduct or to the circumstances surrounding his conduct when he is aware of the nature of his conduct or that the circumstances exist. A person acts knowingly, or with knowledge, with respect to a result of his conduct when he is aware that his conduct is reasonablycertain to cause the result. Reckless • A person acts recklessly, or is reckless, with respect to circumstances surrounding his conduct or the result of his conduct when he is aware of but consciously disregardsa substantial and unjustifiable risk that the circumstances exist or that the result will occur. The risk must be of such a nature and degree that its disregard constitutes a gross deviation from the standard of care that an ordinary person would exercise under all the circumstances as viewed from the actor’s standpoint.

7. :: Definitions of Culpable Mental States, Cont. Criminal Negligence • A person acts with criminal negligence, or is criminally negligent, with respect to circumstances surrounding his conduct or the result of his conduct when he ought to be aware of a substantial and unjustifiable risk that the circumstances exist or the result will occur. The risk must be of such a nature and degree that the failure to perceive it constitutes a gross deviation from the standard of care that an ordinary person would exercise under all the circumstances as viewed from the actor’s standpoint.

8. :: Alcoholic Beverage Laws for Minors • Purchase, Attempt to Purchase, Possession, Consumption, Misrepresentation of Age, Public Intoxication by Minor • The following penalties shall be imposed:

9. :: Zero Tolerance You Drink …You Drive …You Walk • Consumption while driving: It is illegal for a minor to drive while having any detectable amount of alcohol in the minor’s system. • The following penalties shall be imposed:

10. :: Zero Tolerance, Cont. • A public service message brought to you by the Texas Alcoholic Beverage Commission (TABC) and the Texas Medical Association (TMA). The University of Texas at Dallas Police Department Roger Stearns Police Officer 2601 N. Floyd Rd. PC11 Richardson, Texas 75080 http://www.utdallas.edu/police 972-883-2331 Fax: 972-883-2567

11. :: Alcoholic Beverage Code, Criminal Offense Provisions General Penalty • A person who violates a provision of this Code for which a specific penalty is not provided is guilty of a misdemeanor and on conviction is punishable by a fine of not less than $100 nor more than $1,000 or by confinement in the county jail for not more than one year or by both. The term specific penalty, as used in this section, means a penalty which might be imposed as a result of a criminal prosectution. (Section 1.05) Offenses Relating to Minors (Chapter 106) • A minor is a person under 21 years of age. (Section 106.01) Possession of Alcohol by a Minor (Chapter 106.05) • A minor may not possess an alcoholic beverage, except: • While in the course and scope of the minor’s employment and the employment is not prohibited by this Code; • If the minor is in the visible presence of an adult parent, guardian, spouse, or other adult to whom he had been committed by court; or • If the minor is under the immediate supervision of a commissioned peace officer engaged in enforcing the provisions of this Code.

12. :: Alcoholic Beverage Code, Cont. • The term “possession” has the same meaning as that found in Section 1.07(a)(39) of the Texas Penal Code. The minor-in-possession offense can be proven if the minor is in actual control of the alcoholic beverage(s) by physical contact or by establishing an “affirmative link” between the alcoholic beverage and the minor. • Some affirmative links include: • The alcoholic beverages were within the minor’s plain view; • The amount of alcoholic beverages; • The alcoholic beverage was accessible to the minor; • The minor’s ownership or right of possession of the site of the alcoholic beverages; • The relationship of the minor to other persons with access to the alcoholic beverages; or • Knowledge of the presence of the alcoholic beverages • The number of factors present is not as important as the logical force or the degree to which the factors, alone or in combination, tend to link the minor to the alcoholic beverages. For example, a minor who is present at a pasture party may or may not be affirmatively linked to the alcoholic beverages present at the party.

13. :: Consumption of Alcohol by a Minor Alcoholic Beverage Code, Section 106.04 • A minor commits an offense if the minor consumes an alcoholic beverage. It is a defense to prosecution that the alcoholic beverage was consumed in the visible presence of the minor’s adult parent, guardian, or spouse. • An offense under this section is a class C misdemeanor. • A person commits an offense if the person appears in a public place while intoxicated to the degree that the person may endanger the person or another. • An offense under this section is a class C misdemeanor. A driver’s license suspension takes effect on the 11th day after the date the minor is convicted. :: Public Intoxication by a Minor Penal Code, Section 49.02

14. :: Alcoholic Beverages in Dry Areas Alcoholic Beverage Code, Section 101.31 • Generally, no person in a dry area may manufacture, distill, brew, sell, import into the state, export from the state, transport, distribute, warehouse, store, solicit, or take orders for, or possess with intent to sell an alcoholic beverage. An adult may possess beer for personal use in any area. • An offense under this section is a class C misdemeanor. • Possession of more than one quart of liquor, or more than 24 twelve-ounce bottles of beer, or an equivalent amount, in a dry area is prima facie evidence that it is possessed with intent to sell. • An offense under this section is a class C misdemeanor. :: Prima Facie Evidence of Intent to Sell Alcoholic Beverage Code, Section 101.32

15. :: Sale to a Minor Alcoholic Beverage Code, Section 106.03 • A person commits an offense if, with criminal negligence, the person sells an alcoholic beverage to a minor. A person who sells an alcoholic beverage does not commit an offense if the minor falsely represents himself to be 21 years old or older by displaying an apparently valid TEXAS driver’s license or an identification card issued by the Texas Department of Public Safety, containing a physical description consistent with his appearance for the purpose of inducing the person to sell him an alcoholic beverage. • An offense under this section is a class A misdemeanor.

16. :: Purchase of Alcohol for a Minor Furnishing Alcohol to a Minor (Alcoholic Beverage Code, Section 106.06) • Generally, a person commits an offense if the person (adult or minor) purchases an alcoholic beverage for or gives or with criminal negligence makes available an alcoholic beverage to a minor. • A person may purchase an alcoholic beverage for or give an alcoholic beverage to a minor if the person is the minor’s adult parent, guardian, spouse, or an adult in whose custody the minor has been committed by a court, and he is visibly present when the minor possesses or consumes the alcoholic beverage. • An offense under this section is a class B misdemeanor. [Texas Penal Code, Section 6.03(d)] • A person acts with criminal negligence, or is criminally negligent, with respect to circumstances surrounding his conduct or the result of his conduct when he ought to be aware of a substantial and unjustifiable risk that the circumstances exist or the result will occur. The risk must be of such a nature and degree that the failure to perceive it constitutes a gross deviation from the standard of care that an ordinary person would exercise under all the circumstances as viewed from the actor’s standpoint.

17. :: Purchase of Alcohol by a Minor[Alcoholic Beverage Code Section 106.02] • A minor commits an offense if the minor purchases an alcoholic beverage. The minor may purchase an alcoholic beverage if under the immediate supervision of a commissioned peace officer engaged in enforcing the provisions of this code. • An offense under this section is a class C misdemeanor. ::Attempt to Purchase of Alcohol by a Minor[Alcoholic Beverage Code Section 106.025] • A minor commits an offense I, with the specific intent to purchase alcoholic beverages, the minor does an act amounting to more than mere preparation but fails to purchase alcoholic beverages. • An offense under this section is a class C misdemeanor.

18. :: Possession of False Identification[Transportation Code, Section 521.453] • A person under the age of 21 years commits an offense if the person possesses (with the intent to represent that the person is 21 years of age or older or with the intent to use, circulate or pass a forged of counterfeit instrument) a document that is deceptively similar to a driver’s license or personal identification certificate unless the statement “NOT GOVERNMENT DOCUMENT” diagonally on both the front and back of the document in solid red capital letters at least inch in height. • The document is deceptively similar if a reasonable person would assume the document was issued by the Department of Public Safety, another agency of the is state, another state of the United States. • An offense under this section is a class C misdemeanor.

19. :: Misrepresentation of Age by a Minor [Alcoholic Beverage Code Section 106.07] • A minor commits an offense if the minor falsely states that he or she is 21 years of age or older, or presents any document that indicates he or she is 21 years of age or older to a person engaged in selling or servicing alcoholic beverages. • An offense under this section is a class C misdemeanor.

20. :: Delivery or Manufacture of Counterfeit Identification[Transportation Code, Section 521.456] • A person who possesses with the intent to sell, distribute, or deliver a forged or counterfeit instrument that is not made of distributed by an authority authorized to do so under a state, federal, or Canadian law commits an offense. • An offense under this section is a class A misdemeanor. • A person who manufactures or produces with intent to sell, distribute, or deliver a forged or counterfeit instrument that the person knows is not made by the appropriate authority commits an offense. • An offense under this section is a third degree felony.

21. :: Tampering with Governmental Record[Penal Code, Section 37.10] • A person commits an offense if he: (2) makes, presents or uses a record, document, or thing with the knowledge of its falsity and with intent that it be taken as a genuine governmental record (3) intentionally destroys, conceals, removes, or otherwise impairs the verity, legibility or availability of a governmental record (5) makes, presents , or uses a government record with knowledge of its falsity • Excpet as provided by subsection 37.01(d) an offense under this section is a class A misdemeanor, unless the actor’s intent is to defraud or harm another, n which event the offense is a state jail felony.

22. :: Do’s and Don’ts for the Immediate Care of a Drunk Person :: Don’ts • Don’t give the person and drugs (not even aspirin) to sober them up. • Don’t give the person coffee, tea, or other liquid stimulants to sober them up. • Don’t give the person a cold shower – the shock may cause the person to pass out, injuring him/her self. • Don’t try to walk, run, or exercise the drunk person. • Don’t keep the person awake. • Don’t attempt to constrain the person. • Don’t induce vomiting in a semi-conscious person. • Don’t try to be rational or logical in discussions with the person. • Don’t be intimdated by the person or his behavior.

23. :: Do’s and Don’ts for the Immediate Care of a Drunk Person :: Do’s • Be aware of your own fear in dealing with a drunk person. • If possible, assess whether the person is in a life-threatening health crisis. If so, get help – advisory and/or the police. • Keep your distance. Before approaching or touching, explain what you intend to do. • Speak in a clear, firm, reassuring manner. • Keep the person comfortable – however, don’t reinforce drinking behavior. • If the person is put in bed – make sure the person is lying on his/her side, not on their back. • If you put a person to bed, monitor their breathing. Where possible, keep the room quiet and softly lighted, and leave the room door ajar so you can listen to them. • Utilize the support of others – enlist the involvement of friends. Taken partially from materials developed at Michigan State University, Office of Residence Hall Programs.