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minor in consumption texas penal code

1, eff. (b) An offense under this section is punishable as provided by Section 106.071. 1651), Sec. Aug. 28, 1989; Acts 1993, 73rd Leg., ch. (d) Subsection (b) does not apply to a person who accesses electronically readable information under Section 109.61 that identifies a driver's license or identification certificate as invalid. 1, eff. (c) The commission or administrator may relax the provisions of this section concerning suspension and cancellation and assess a sanction the commission or administrator finds just under the circumstances if, at a hearing, the licensee or permittee establishes to the satisfaction of the commission or administrator: (1) that the violation could not reasonably have been prevented by the permittee or licensee by the exercise of due diligence; (2) that the permittee or licensee was entrapped; or. 1013, Sec. 1331), Sec. (f) Except as provided by Subsection (g), Subsection (a) does not apply to a minor who reports the sexual assault of the minor or another person, or is the victim of a sexual assault reported by another person, to: (1) a health care provider treating the victim of the sexual assault; (2) an employee of a law enforcement agency, including an employee of a campus police department of an institution of higher education; or. Sept. 1, 1997. Amended by Acts 1993, 73rd Leg., ch. 1, eff. 1, eff. 79, eff. 163, Sec. 2.01, eff. Sept. 1, 1997; Acts 2001, 77th Leg., ch. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 194, Sec. A minor (in alcohol related offenses, a person under the age of 21, the legal drinking age) can be charged with a Minor in Consumption charge for simply consuming an alcoholic beverage. We recommend using 7, eff. September 1, 2015. (a) On the placement of a minor on deferred disposition for an offense under Section 49.02, Penal Code, or under Section 106.02, 106.025, 106.04, 106.041, 106.05, or 106.07, the court shall require the defendant to attend an alcohol awareness program approved by the Texas Department of Licensing and Regulation under this section, a drug education program approved by the Department of State Health Services in accordance with Section 521.374, Transportation Code, or a drug and alcohol driving awareness program approved by the Texas Education Agency. (2) "Taste" means to draw a beverage into the mouth without swallowing or otherwise consuming the beverage. Acts 2011, 82nd Leg., R.S., Ch. Acts 2015, 84th Leg., R.S., Ch. Acts 2005, 79th Leg., Ch. (4) shall monitor, coordinate, and provide training to a person who provides an alcohol awareness program. Sept. 1, 1997; Acts 1999, 76th Leg., ch. , May 19, 2015. (b) A minor may possess an alcoholic beverage: (1) while in the course and scope of the minor's employment if the minor is an employee of a licensee or permittee and the employment is not prohibited by this code; Internet Explorer 11 is no longer supported. Sept. 1, 1977. , or Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs. Sept. 1, 1986; Acts 1985, 69th Leg., ch. 1, eff. After entry of the order, the applicant shall be released from all disabilities resulting from the conviction, and the conviction may not be shown or made known for any purpose. (a) Except as provided by Subsections (b), (c), (e), and (f), no person may employ a person under 18 years of age to sell, prepare, serve, or otherwise handle liquor, or to assist in doing so. (2) committed against the minor and reported by another person under Subsection (e). (a) A minor commits an offense if, with specific intent to commit an offense under Section 106.02 of this code, the minor does an act amounting to more than mere preparation that tends but fails to effect the commission of the offense intended. Added by Acts 1997, 75th Leg., ch. Possession, Purchase, Consumption, or Receipt of Cigarettes, E-Cigarettes, or Tobacco Products by Minors Prohibited. 81, eff. (d) A minor who commits an offense under this section and who has been previously convicted twice or more of offenses under this section is not eligible for deferred disposition. (e) Community service ordered under this section must be related to education about or prevention of misuse of alcohol. Section 161.088 4, eff. Section 20A.02(a)(7) or (8) (c) The court shall require the defendant to present to the court, within 90 days of the date of final conviction, evidence in the form prescribed by the court that the defendant, as ordered by the court, has satisfactorily completed an alcohol awareness program or performed the required hours of community service. (c-1) It is an exception to the application of this section that the individual younger than 21 years of age: (2) presents at the time of purchase a valid military identification card of the United States military forces or the state military forces. 328), Sec. Sept. 1, 1981; Acts 1985, 69th Leg., ch. Sept. 1, 1987. (b-3) The Texas Department of Licensing and Regulation shall create a list of community services related to alcohol abuse prevention or treatment in each county in the state to which a judge may sentence a defendant under Subsection (b-1). (f) The holder of a permit or license providing for the on-premises consumption of alcoholic beverages that derives less than 50 percent of its gross receipts for the premises from the sale or service of alcoholic beverages may employ a person under 18 years of age to work as a cashier for transactions involving the sale of alcoholic beverages if the alcoholic beverages are served by a person 18 years of age or older. (a) as amended by Acts 1993, 73rd Leg., ch. If the defendant does not have a driver's license or personal identification certificate issued by the Department of Public Safety, the defendant's residence is the residence on the defendant's voter registration certificate. 106.14. (g) A minor is entitled to raise the defense provided by Subsection (f) in the prosecution of an offense under this section only if the minor is in violation of this section at the time of the commission of a sexual assault that is: (1) reported by the minor under Subsection (f); or. Sept. 1, 1986; Acts 1985, 69th Leg., ch. 106.08. 163, Sec. 2, eff. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. (c) A person may not be convicted under this section on the uncorroborated testimony of the minor allegedly solicited unless the solicitation is made under circumstances strongly corroborative of both the solicitation itself and the actor's intent that the minor act on the solicitation. 9, eff. Sept. 1, 1986. 1357), Sec. 1243 (S.B. Acts 1977, 65th Leg., p. 515, ch. (3) the Title IX coordinator of an institution of higher education or another employee of the institution responsible for responding to reports of sexual assault. § 161.252. Sec. PURCHASE OF ALCOHOL BY A MINOR. (e) A person does not commit an offense under Subsection (a) if the person younger than 18 years of age falsely represents the person's age to be at least 18 years of age by displaying an apparently valid Texas driver's license or an identification card issued by the Department of Public Safety containing a physical description consistent with the person's appearance. 106.03. (h) A driver's license suspension under this section takes effect on the 11th day after the date the minor is convicted. Aug. 27, 1979; Acts 1991, 72nd Leg., ch. , Sept. 1, 1997. 1013, Sec. 1, eff. 4, eff. ATTEMPT TO PURCHASE ALCOHOL BY A MINOR. 285, Sec. IMPORTATION BY A MINOR. September 1, 2021. September 1, 2017. A person who holds a driver's license having the same number that is contained in a record maintained under this section is presumed to be the person to whom the record relates.

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