ARIZONA STATE SENATE
Phoenix, Arizona
underage persons;
spirituous liquor
Creates the new crime of a person under the age of 21 years having any spirituous liquor in the person’s body.
Arizona law prohibits a person under the age of 21 from buying, receiving, possessing or consuming spirituous liquor. However, in Mexico the legal drinking age is 18 years and older. As a result, some youths who cannot legally drink spirituous liquor in Arizona travel to Mexico, consume liquor, and return to Arizona intoxicated. The Arizona Prosecuting Attorney’s Advisory Council feels that Arizona law enforcement officers do not have the legal tools to address Arizona youths who cross the border into Mexico to drink.
Arizona statute classifies other acts relating to underage persons and spirituous liquor as criminal offenses. Law specifies that it is illegal for a person under the age of 21 to operate a motorized watercraft (class 2 misdemeanor) or drive a motor vehicle (class 1 misdemeanor) while there is any spirituous liquor in the person’s body.
As defined in statute, “spirituous liquor” includes alcohol, brandy, whiskey, rum, tequila, any malt liquor or malt beverage, wine, beer and any liquid mixture or preparation that produces intoxication.
Any potential fiscal impact associated with this legislation is undeterminable.
1. Creates as a class 2 misdemeanor the crime of having any spirituous liquor in a person’s body if the person is under the age of 21 years.
2. Stipulates that a defense to prosecution is applicable to a person under the age of 21 who consumes spirituous liquor in connection with a religious exercise or for medicinal purposes and in a manner not dangerous to public health or safety.
3. Provides for a general effective date.
JUD 3/19/02 DPA 9-0-0-1-0
TRANS 3/25/02 DP 10-0-0-0-0
3rd Read 4/08/02 34-16-10-0
Prepared by Senate Staff
April 12, 2002