Clarification of Answer by
denco-ga
on
12 Oct 2005 22:05 PDT
Howdy alberrosidus-ga,
A reminder of the "Important Disclaimer: Answers and comments provided on
Google Answers are general information, and are not intended to substitute
for informed professional medical, psychiatric, psychological, tax, legal,
investment, accounting, or other professional advice."
Possession is possession, regardless of appearances. Here is a possible
scenario: your friend goes to LAX, is in security, they (likely will) order
him to open the box, there is the wine, they wave over a LAPD officer, and
as California has a zero tolerance policy for this, they take him away.
You state in your question: "He really doesn't want an MIP (minor in
possession), so he's got to be sure it is legal, even if he could probably
get away with it."
Is the scenario I present a likely one? Depends on the people on duty
that day, but I have seen worse done with lots less, such as someone with
fingernail clippers trying to board a flight.
I know you are saying it is doubtful that someone would use the method
described to get an underaged drink, but if the gift was from the friend's
parents to the host family in China, what is to stop the friend (He is very
nervous about flying!) from going ahead and opening and (illegally) drinking
the wine before or after passing through security. Nothing, and hence that
is why possession is illegal.
As to the scenario you outline, yes, it would be illegal for you to give
your father a bottle of wine if you were under 21, because that assumes
you were in possession of it prior to giving it to him. It would also be
illegal for you to buy it, or for someone to buy it for you.
California law is very clear on this subject. Here it is presented on the
"FindLaw" web site.
http://caselaw.lp.findlaw.com/cacodes/bpc/25657-25667.html
"25662. (a) Any person under the age of 21 years who has any
alcoholic beverage in his or her possession on any street or highway
or in any public place or in any place open to the public is guilty
of a misdemeanor and shall be punished by a fine of two hundred fifty
dollars ($250) or the person shall be required to perform not less
than 24 hours or more than 32 hours of community service during hours
when the person is not employed or is not attending school."
Note that it doesn't say "except fancy wrapped bottles of wine" above.
He would have a way out, if (but this is not the situation as such in
your question) the gift was, for instance, from your friend's parent(s)
to the host family, as the statute continues.
"This section does not apply to possession by a person under the age
of 21 years making a delivery of an alcoholic beverage in pursuance
of the order of his or her parent, responsible adult relative, or any
other adult designated by the parent or legal guardian, or in pursuance
of his or her employment. That person shall have a complete defense if
he or she was following, in a timely manner, the reasonable instructions
of his or her parent, legal guardian, responsible adult relative, or adult
designee relating to disposition of the alcoholic beverage."
In that case, your friend, if he had a "note from his parents" that the
above was the case, might be in the clear.
Keep in mind that the above appears to be in contradiction with an earlier
portion of the statute.
"25658. (a) Except as otherwise provided in subdivision (c), every
person who sells, furnishes, gives, or causes to be sold, furnished,
or given away, any alcoholic beverage to any person under the age of
21 years is guilty of a misdemeanor."
So, if one strictly interprets the law, your friend, if instructed by his
father to take the wine to the host family, would be in the clear, but
the father could be charged with a misdemeanor.
In the scenario that you presnted for yourself, if your mother got the
wine as a gift for your father on your behalf, then again, you would
appear to be in the clear, but your mother might be guilty of a crime.
Once outside of California, your friend should be fine, at least according
to this "Minimum Legal Ages for Alcohol Purchase or Consumption Around the
World" chart.
http://www.geocities.jp/m_kato_clinic/mini-age-alcohol-eng-1.html
"...
China -- No MDA [Minimum Legal Age]
...
Japan ... 20 [Minimum Legal Age]
..."
There does not appear to be anything that prevents one bottle of your
average wine (which assumes an alcoholic content of less than 24%) to
be carried onboard the flight from LAX to NRT, but if it is a China
airline, they might require the bottle to be in the checked luggage and
not in the carry-on luggage.
All in all, if the wine were placed in your friend's checked luggage,
with a note from a parent, he should be in the clear all around.
Looking Forward, denco-ga - Google Answers Researcher
