Posted: May 19th, 2017

The NY Penal Law § 260.20 makes it a crime when a person “gives … any alcoholic beverage …to a person less than twenty-one years old; except that this subdivision does not apply to the parent or guardian of such a person.” Gordon Grayson is the parent of a small child. He carefully read this statute and decided that, because he is “such a person,” the statute would permit him to give a can of beer to his next-door neighbor, who is age 20. He is now being prosecuted. If the court holds that Grayson’s reading of the statute is erroneous, he should nonetheless be found not guilty if the evidence shows that

. The NY Penal Law § 260.20 makes it a crime when a person “gives … any alcoholic beverage …to a person less than twenty-one years old; except that this subdivision does not apply to the parent or guardian of such a person.” Gordon Grayson is the parent of a small child. He carefully read this statute and decided that, because he is “such a person,” the statute would permit him to give a can of beer to his next-door neighbor, who is age 20. He is now being prosecuted. If the court holds that Grayson’s reading of the statute is erroneous, he should nonetheless be found not guilty if the evidence shows that: a. He believed honestly (even if unreasonably) that, as the parent of “such a person,” he was permitted by the statute to serve alcohol to minors. b. He honestly and reasonably believed that, as the parent of “such a person,” he was permitted by the statute to serve alcohol to minors. c. He sought and obtained a legal opinion from a private attorney to the effect that, as the parent of “such a person,” he was permitted by the statute to serve alcohol to minors. d. None of the above.

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