§ 4.1-305. Purchasing or possessing alcoholic beverages unlawful in certaincases; venue; exceptions; penalty; forfeiture; deferred proceedings;treatment and education programs and services.
A. No person to whom an alcoholic beverage may not lawfully be sold under §4.1-304 shall consume, purchase or possess, or attempt to consume, purchaseor possess, any alcoholic beverage, except (i) pursuant to subdivisions 1through 7 of § 4.1-200; (ii) where possession of the alcoholic beverages by aperson less than 21 years of age is due to such person's making a delivery ofalcoholic beverages in pursuance of his employment or an order of his parent;or (iii) by any state, federal, or local law-enforcement officer whenpossession of an alcoholic beverage is necessary in the performance of hisduties. Such person may be prosecuted either in the county or city in whichthe alcohol was possessed or consumed, or in the county or city in which theperson exhibits evidence of physical indicia of consumption of alcohol. Itshall be an affirmative defense to a charge of a violation of this subsectionif the defendant shows that such consumption or possession was pursuant tosubdivision 7 of § 4.1-200.
B. No person under the age of 21 years shall use or attempt to use any (i)altered, fictitious, facsimile or simulated license to operate a motorvehicle, (ii) altered, fictitious, facsimile or simulated document,including, but not limited to a birth certificate or student identificationcard, or (iii) motor vehicle operator's license, birth certificate or studentidentification card of another person in order to establish a falseidentification or false age for himself to consume, purchase or attempt toconsume or purchase an alcoholic beverage.
C. Any person found guilty of a violation of this section shall be guilty ofa Class 1 misdemeanor; and upon conviction, (i) such person shall be orderedto pay a mandatory minimum fine of $500 or ordered to perform a mandatoryminimum of 50 hours of community service as a condition of probationsupervision and (ii) the license to operate a motor vehicle in theCommonwealth of any such person age 18 or older shall be suspended for aperiod of not less than six months and not more than one year; the license tooperate a motor vehicle in the Commonwealth of any juvenile shall be handledin accordance with the provisions of § 16.1-278.9. The court, in itsdiscretion and upon a demonstration of hardship, may authorize an adultconvicted of a violation of this section the use of a restricted permit tooperate a motor vehicle in accordance with the provisions of subsection E of§ 18.2-271.1 or when referred to a local community-based probation servicesagency established pursuant to Article 9 (§ 9.1-173 et seq.) of Chapter 1 ofTitle 9.1. During the period of license suspension, the court may require anadult who is issued a restricted permit under the provisions of thissubsection to be (a) monitored by an alcohol safety action program, or (b)supervised by a local community-based probation services agency establishedpursuant to Article 9 (§ 9.1-173 et seq.) of Chapter 1 of Title 9.1, if onehas been established for the locality. The alcohol safety action program orlocal community-based probation services agency shall report to the court anyviolation of the terms of the restricted permit, the required alcohol safetyaction program monitoring or local community-based probation services and anycondition related thereto or any failure to remain alcohol-free during thesuspension period.
D. Any alcoholic beverage purchased or possessed in violation of this sectionshall be deemed contraband and forfeited to the Commonwealth in accordancewith § 4.1-338.
E. Any retail licensee who in good faith promptly notifies the Board or anystate or local law-enforcement agency of a violation or suspected violationof this section shall be accorded immunity from an administrative penalty fora violation of § 4.1-304.
F. When any adult who has not previously been convicted of underagedconsumption, purchase or possession of alcoholic beverages in Virginia or anyother state or the United States is before the court, the court may, uponentry of a plea of guilty or not guilty, if the facts found by the courtwould justify a finding of guilt of a violation of subsection A, withoutentering a judgment of guilt and with the consent of the accused, deferfurther proceedings and place him on probation subject to appropriateconditions. Such conditions may include the imposition of the licensesuspension and restricted license provisions in subsection C. However, in allsuch deferred proceedings, the court shall require the accused to enter atreatment or education program or both, if available, that in the opinion ofthe court best suits the needs of the accused. If the accused is placed onlocal community-based probation, the program or services shall be located inany of the judicial districts served by the local community-based probationservices agency or in any judicial district ordered by the court when theplacement is with an alcohol safety action program. The services shall beprovided by (i) a program licensed by the Department of Behavioral Health andDevelopmental Services, (ii) certified by the Commission on VASAP, or (iii)by a program or services made available through a community-based probationservices agency established pursuant to Article 9 (§ 9.1-173 et seq.) ofChapter 1 of Title 9.1, if one has been established for the locality. When anoffender is ordered to a local community-based probation services rather thanthe alcohol safety action program, the local community-based probationservices agency shall be responsible for providing for services or referringthe offender to education or treatment services as a condition of probation.
Upon violation of a condition, the court may enter an adjudication of guiltand proceed as otherwise provided. Upon fulfillment of the conditions, thecourt shall discharge the person and dismiss the proceedings against himwithout an adjudication of guilt. A discharge and dismissal hereunder shallbe treated as a conviction for the purpose of applying this section in anysubsequent proceedings.
When any juvenile is found to have committed a violation of subsection A, thedisposition of the case shall be handled according to the provisions ofArticle 9 (§ 16.1-278 et seq.) of Chapter 11 of Title 16.1.
(Code 1950, § 4-62; 1970, c. 686; 1974, c. 460; 1979, c. 537; 1981, c. 24;1982, c. 66; 1983, c. 608; 1985, c. 559; 1990, c. 771; 1993, c. 866; 1995, c.374; 1996, cc. 626, 730; 2000, c. 325; 2002, c. 338; 2003, cc. 845, 849;2004, cc. 322, 461; 2005, c. 895; 2006, c. 207; 2007, c. 133; 2009, cc. 248,726, 813, 840.)
§ 4.1-305. Purchasing or possessing alcoholic beverages unlawful in certaincases; venue; exceptions; penalty; forfeiture; deferred proceedings;treatment and education programs and services.
A. No person to whom an alcoholic beverage may not lawfully be sold under §4.1-304 shall consume, purchase or possess, or attempt to consume, purchaseor possess, any alcoholic beverage, except (i) pursuant to subdivisions 1through 7 of § 4.1-200; (ii) where possession of the alcoholic beverages by aperson less than 21 years of age is due to such person's making a delivery ofalcoholic beverages in pursuance of his employment or an order of his parent;or (iii) by any state, federal, or local law-enforcement officer whenpossession of an alcoholic beverage is necessary in the performance of hisduties. Such person may be prosecuted either in the county or city in whichthe alcohol was possessed or consumed, or in the county or city in which theperson exhibits evidence of physical indicia of consumption of alcohol. Itshall be an affirmative defense to a charge of a violation of this subsectionif the defendant shows that such consumption or possession was pursuant tosubdivision 7 of § 4.1-200.
B. No person under the age of 21 years shall use or attempt to use any (i)altered, fictitious, facsimile or simulated license to operate a motorvehicle, (ii) altered, fictitious, facsimile or simulated document,including, but not limited to a birth certificate or student identificationcard, or (iii) motor vehicle operator's license, birth certificate or studentidentification card of another person in order to establish a falseidentification or false age for himself to consume, purchase or attempt toconsume or purchase an alcoholic beverage.
C. Any person found guilty of a violation of this section shall be guilty ofa Class 1 misdemeanor; and upon conviction, (i) such person shall be orderedto pay a mandatory minimum fine of $500 or ordered to perform a mandatoryminimum of 50 hours of community service as a condition of probationsupervision and (ii) the license to operate a motor vehicle in theCommonwealth of any such person age 18 or older shall be suspended for aperiod of not less than six months and not more than one year; the license tooperate a motor vehicle in the Commonwealth of any juvenile shall be handledin accordance with the provisions of § 16.1-278.9. The court, in itsdiscretion and upon a demonstration of hardship, may authorize an adultconvicted of a violation of this section the use of a restricted permit tooperate a motor vehicle in accordance with the provisions of subsection E of§ 18.2-271.1 or when referred to a local community-based probation servicesagency established pursuant to Article 9 (§ 9.1-173 et seq.) of Chapter 1 ofTitle 9.1. During the period of license suspension, the court may require anadult who is issued a restricted permit under the provisions of thissubsection to be (a) monitored by an alcohol safety action program, or (b)supervised by a local community-based probation services agency establishedpursuant to Article 9 (§ 9.1-173 et seq.) of Chapter 1 of Title 9.1, if onehas been established for the locality. The alcohol safety action program orlocal community-based probation services agency shall report to the court anyviolation of the terms of the restricted permit, the required alcohol safetyaction program monitoring or local community-based probation services and anycondition related thereto or any failure to remain alcohol-free during thesuspension period.
D. Any alcoholic beverage purchased or possessed in violation of this sectionshall be deemed contraband and forfeited to the Commonwealth in accordancewith § 4.1-338.
E. Any retail licensee who in good faith promptly notifies the Board or anystate or local law-enforcement agency of a violation or suspected violationof this section shall be accorded immunity from an administrative penalty fora violation of § 4.1-304.
F. When any adult who has not previously been convicted of underagedconsumption, purchase or possession of alcoholic beverages in Virginia or anyother state or the United States is before the court, the court may, uponentry of a plea of guilty or not guilty, if the facts found by the courtwould justify a finding of guilt of a violation of subsection A, withoutentering a judgment of guilt and with the consent of the accused, deferfurther proceedings and place him on probation subject to appropriateconditions. Such conditions may include the imposition of the licensesuspension and restricted license provisions in subsection C. However, in allsuch deferred proceedings, the court shall require the accused to enter atreatment or education program or both, if available, that in the opinion ofthe court best suits the needs of the accused. If the accused is placed onlocal community-based probation, the program or services shall be located inany of the judicial districts served by the local community-based probationservices agency or in any judicial district ordered by the court when theplacement is with an alcohol safety action program. The services shall beprovided by (i) a program licensed by the Department of Behavioral Health andDevelopmental Services, (ii) certified by the Commission on VASAP, or (iii)by a program or services made available through a community-based probationservices agency established pursuant to Article 9 (§ 9.1-173 et seq.) ofChapter 1 of Title 9.1, if one has been established for the locality. When anoffender is ordered to a local community-based probation services rather thanthe alcohol safety action program, the local community-based probationservices agency shall be responsible for providing for services or referringthe offender to education or treatment services as a condition of probation.
Upon violation of a condition, the court may enter an adjudication of guiltand proceed as otherwise provided. Upon fulfillment of the conditions, thecourt shall discharge the person and dismiss the proceedings against himwithout an adjudication of guilt. A discharge and dismissal hereunder shallbe treated as a conviction for the purpose of applying this section in anysubsequent proceedings.
When any juvenile is found to have committed a violation of subsection A, thedisposition of the case shall be handled according to the provisions ofArticle 9 (§ 16.1-278 et seq.) of Chapter 11 of Title 16.1.
(Code 1950, § 4-62; 1970, c. 686; 1974, c. 460; 1979, c. 537; 1981, c. 24;1982, c. 66; 1983, c. 608; 1985, c. 559; 1990, c. 771; 1993, c. 866; 1995, c.374; 1996, cc. 626, 730; 2000, c. 325; 2002, c. 338; 2003, cc. 845, 849;2004, cc. 322, 461; 2005, c. 895; 2006, c. 207; 2007, c. 133; 2009, cc. 248,726, 813, 840.)
§ 4.1-305. Purchasing or possessing alcoholic beverages unlawful in certaincases; venue; exceptions; penalty; forfeiture; deferred proceedings;treatment and education programs and services.
A. No person to whom an alcoholic beverage may not lawfully be sold under §4.1-304 shall consume, purchase or possess, or attempt to consume, purchaseor possess, any alcoholic beverage, except (i) pursuant to subdivisions 1through 7 of § 4.1-200; (ii) where possession of the alcoholic beverages by aperson less than 21 years of age is due to such person's making a delivery ofalcoholic beverages in pursuance of his employment or an order of his parent;or (iii) by any state, federal, or local law-enforcement officer whenpossession of an alcoholic beverage is necessary in the performance of hisduties. Such person may be prosecuted either in the county or city in whichthe alcohol was possessed or consumed, or in the county or city in which theperson exhibits evidence of physical indicia of consumption of alcohol. Itshall be an affirmative defense to a charge of a violation of this subsectionif the defendant shows that such consumption or possession was pursuant tosubdivision 7 of § 4.1-200.
B. No person under the age of 21 years shall use or attempt to use any (i)altered, fictitious, facsimile or simulated license to operate a motorvehicle, (ii) altered, fictitious, facsimile or simulated document,including, but not limited to a birth certificate or student identificationcard, or (iii) motor vehicle operator's license, birth certificate or studentidentification card of another person in order to establish a falseidentification or false age for himself to consume, purchase or attempt toconsume or purchase an alcoholic beverage.
C. Any person found guilty of a violation of this section shall be guilty ofa Class 1 misdemeanor; and upon conviction, (i) such person shall be orderedto pay a mandatory minimum fine of $500 or ordered to perform a mandatoryminimum of 50 hours of community service as a condition of probationsupervision and (ii) the license to operate a motor vehicle in theCommonwealth of any such person age 18 or older shall be suspended for aperiod of not less than six months and not more than one year; the license tooperate a motor vehicle in the Commonwealth of any juvenile shall be handledin accordance with the provisions of § 16.1-278.9. The court, in itsdiscretion and upon a demonstration of hardship, may authorize an adultconvicted of a violation of this section the use of a restricted permit tooperate a motor vehicle in accordance with the provisions of subsection E of§ 18.2-271.1 or when referred to a local community-based probation servicesagency established pursuant to Article 9 (§ 9.1-173 et seq.) of Chapter 1 ofTitle 9.1. During the period of license suspension, the court may require anadult who is issued a restricted permit under the provisions of thissubsection to be (a) monitored by an alcohol safety action program, or (b)supervised by a local community-based probation services agency establishedpursuant to Article 9 (§ 9.1-173 et seq.) of Chapter 1 of Title 9.1, if onehas been established for the locality. The alcohol safety action program orlocal community-based probation services agency shall report to the court anyviolation of the terms of the restricted permit, the required alcohol safetyaction program monitoring or local community-based probation services and anycondition related thereto or any failure to remain alcohol-free during thesuspension period.
D. Any alcoholic beverage purchased or possessed in violation of this sectionshall be deemed contraband and forfeited to the Commonwealth in accordancewith § 4.1-338.
E. Any retail licensee who in good faith promptly notifies the Board or anystate or local law-enforcement agency of a violation or suspected violationof this section shall be accorded immunity from an administrative penalty fora violation of § 4.1-304.
F. When any adult who has not previously been convicted of underagedconsumption, purchase or possession of alcoholic beverages in Virginia or anyother state or the United States is before the court, the court may, uponentry of a plea of guilty or not guilty, if the facts found by the courtwould justify a finding of guilt of a violation of subsection A, withoutentering a judgment of guilt and with the consent of the accused, deferfurther proceedings and place him on probation subject to appropriateconditions. Such conditions may include the imposition of the licensesuspension and restricted license provisions in subsection C. However, in allsuch deferred proceedings, the court shall require the accused to enter atreatment or education program or both, if available, that in the opinion ofthe court best suits the needs of the accused. If the accused is placed onlocal community-based probation, the program or services shall be located inany of the judicial districts served by the local community-based probationservices agency or in any judicial district ordered by the court when theplacement is with an alcohol safety action program. The services shall beprovided by (i) a program licensed by the Department of Behavioral Health andDevelopmental Services, (ii) certified by the Commission on VASAP, or (iii)by a program or services made available through a community-based probationservices agency established pursuant to Article 9 (§ 9.1-173 et seq.) ofChapter 1 of Title 9.1, if one has been established for the locality. When anoffender is ordered to a local community-based probation services rather thanthe alcohol safety action program, the local community-based probationservices agency shall be responsible for providing for services or referringthe offender to education or treatment services as a condition of probation.
Upon violation of a condition, the court may enter an adjudication of guiltand proceed as otherwise provided. Upon fulfillment of the conditions, thecourt shall discharge the person and dismiss the proceedings against himwithout an adjudication of guilt. A discharge and dismissal hereunder shallbe treated as a conviction for the purpose of applying this section in anysubsequent proceedings.
When any juvenile is found to have committed a violation of subsection A, thedisposition of the case shall be handled according to the provisions ofArticle 9 (§ 16.1-278 et seq.) of Chapter 11 of Title 16.1.
(Code 1950, § 4-62; 1970, c. 686; 1974, c. 460; 1979, c. 537; 1981, c. 24;1982, c. 66; 1983, c. 608; 1985, c. 559; 1990, c. 771; 1993, c. 866; 1995, c.374; 1996, cc. 626, 730; 2000, c. 325; 2002, c. 338; 2003, cc. 845, 849;2004, cc. 322, 461; 2005, c. 895; 2006, c. 207; 2007, c. 133; 2009, cc. 248,726, 813, 840.)
