Defending NJ 33:1-81. Misrepresenting age to induce sale or delivery of alcohol.
After you read the following NJ Criminal Statute (Misrepresenting age to induce sale or delivery of alcohol) you may decide that you need the help of a lawyer, or need a legal interpretation of how this statute applies to your case. The firm of Villani & DeLuca has experienced criminal lawyers with over 20 years of experience, including a former municipal prosecutor. Call the number above for a free 24×7 phone consultation or read more about the fake id charge.
Misrepresenting Age to Induce Sale of Alcohol Explained
Some municipalities in New Jersey have been writing a Title 33 charge under the ABC laws for people using a fake ID or otherwise misrepresenting their age to obtain alcohol. The penalties are very similar, however, to the other fake ID statutes in New Jersey. According to this law, it is unlawful for anyone to use a fake ID or any other fake document in order to induce the sale of alcohol or to gain access to a place that is licensed for the sale of alcohol. The statute is very broad and includes other means of inducing the sale of alcohol beyond presenting an actual ID or document. Any way in which a defendant misrepresents his or her age for the purpose of entering a licensed establishment is subject to the Title 33 charge.
What the Prosecutor Must Prove
As with many fake ID charges, the prosecutor has a low burden of evidence to prove the case. All the prosecutor needs is the ID or a record of the ID and witness testimony that will point to the fact that the defendant used or attempted to use a fake ID or other means to misstate his or her age to obtain alcohol. With current crackdowns and programs like “Cops in Shops,” the prosecutor can easily obtain convictions, so it is very important to know your rights.
Defenses to Avoid a Conviction
Although the burden of evidence is very low for the State, there are still some defenses available to a defendant when facing this type of fake ID charge. Each case is very fact specific and some may be defended on procedural grounds. For example, police procedures must be followed exactly to ensure there are no violations of either the U.S. Constitution or the New Jersey Constitution. An experienced criminal defense attorney will be able to spot these issues while reviewing your case.
Penalties for a Fake ID Conviction
If you are charged with a Title 33 fake ID charge, you will face penalties as a disorderly person if convicted. A disorderly persons offense in New Jersey is similar to a misdemeanor charge in other states. Penalties may include a fine of up to $500, potential jail time, possible community service and other fines and penalties. In addition, you will face either a license suspension or postponement of receiving your license for up to six months. Do not plead guilty to this charge on your own. Call Villani & DeLuca today for a free, no obligation consultation.
NJ Statute: 33:1-81. Misrepresenting age to induce sale or delivery to minor; disorderly person.
It shall be unlawful for:
(a) A person under the legal age for purchasing alcoholic beverages to enter any premises licensed for the retail sale of alcoholic beverages for the purpose of purchasing, or having served or delivered to him or her, any alcoholic beverage; or
(b) A person under the legal age for purchasing alcoholic beverages to consume any alcoholic beverage on premises licensed for the retail sale of alcoholic beverages, or to purchase, attempt to purchase or have another purchase for him any alcoholic beverage; or
(c) Any person to misrepresent or misstate his age, or the age of any other person for the purpose of inducing any licensee or any employee of any licensee, to sell, serve or deliver any alcoholic beverage to a person under the legal age for purchasing alcoholic beverages; or
(d) Any person to enter any premises licensed for the retail sale of alcoholic beverages for the purpose of purchasing, or to purchase alcoholic beverages, for another person who does not because of his age have the right to purchase and consume alcoholic beverages.
Any person who shall violate any of the provisions of this section shall be deemed and adjudged to be a disorderly person, and upon conviction thereof, shall be punished by a fine of not less than $500.00. In addition, the court shall suspend or postpone the person’s license to operate a motor vehicle for six months.
Upon the conviction of any person under this section, the court shall forward a report to the Division of Motor Vehicles stating the first and last day of the suspension or postponement period imposed by the court pursuant to this section. If a person at the time of the imposition of a sentence is less than 17 years of age, the period of license postponement, including a suspension or postponement of the privilege of operating a motorized bicycle, shall commence on the day the sentence is imposed and shall run for a period of six months after the person reaches the age of 17 years.
If a person at the time of the imposition of a sentence has a valid driver’s license issued by this State, the court shall immediately collect the license and forward it to the division along with the report. If for any reason the license cannot be collected, the court shall include in the report the complete name, address, date of birth, eye color, and sex of the person as well as the first and last date of the license suspension period imposed by the court.
The court shall inform the person orally and in writing that if the person is convicted of operating a motor vehicle during the period of license suspension or postponement, the person shall be subject to the penalties set forth in R.S.39:3-40. A person shall be required to acknowledge receipt of the written notice in writing. Failure to receive a written notice or failure to acknowledge in writing the receipt of a written notice shall not be a defense to a subsequent charge of a violation of R.S.39:3-40.
If the person convicted under this section is not a New Jersey resident, the court shall suspend or postpone, as appropriate given the age at the time of sentencing, the non-resident driving privilege of the person and submit to the division the required report. The court shall not collect the license of a non-resident convicted under this section. Upon receipt of a report by the court, the division shall notify the appropriate officials in the licensing jurisdiction of the suspension or postponement.
In addition to the general penalties prescribed for an offense, the court may require any person under the legal age to purchase alcoholic beverages who violates this act to participate in an alcohol education or treatment program authorized by the Department of Health for a period not to exceed the maximum period of confinement prescribed by law for the offense for which the individual has been convicted.
Amended 1939,c.246; 1953,c.37,s.4; 1964,c.40; 1979,c.265; 1983,c.574(s.2 eff. date amended 1985,c.113,s.2); 1985,c.113,s.1; 1991,c.169,s.1.
AKA: NJ Criminal Charge 33:1-81, Violation 33:1-81, Offense 33:1-81
Disclaimer: A copy of this statute has been provided for your information. This wording was current from the NJ website lis.njleg.state.nj.us as of August 2012.