Penal Code 303(a) PC
PC 303(a) – Soliciting the Purchase of Alcohol
Soliciting the Purchase of Alcohol – Table of Contents
It is unlawful to loiter in a place where alcohol is sold to beg or solicit any patron, customer or visitor coming on to the property or currently congregating therein to purchase alcohol for the person in the act of soliciting or begging.
What is the definition of loitering under Penal Code 303 PC?
Loitering is a delayed lingering, prowling, wandering on the personal or commercial property of another without a purpose with the perceived observation from a reasonable person to commit a crime on the property for an unlawful purpose. It is different from a trespass because under a trespass the mere act of being on the property itself, no matter the act is unlawful; as opposed to Penal Code 303 PC, being on the property is lawful so long as a proscribe conduct is not initiated like soliciting others to buy alcohol of you for an extended period of time in a place of business that sells it and the person soliciting does not purchase any personally.
What is the definition of solicit under Penal Code 303 PC?
Solicitation is requesting with earnest, or to invite another to facilitate or assist a person to complete an act for which they cannot achieve the results themselves without assistance.
What is mental state required under Penal Code 303 PC?
The mental state required for a violation of Penal Code 303 PC is intentional. Although loitering is a general intent crime, case law has dictated that loiter for a specific purpose, denotes purposeful intent. Intentional is conscious desire to promote an act to desire its completion. More so, the purpose acting knows for a fact that they are conducting themselves in a way that will practically result in the desired act’s completion. As applied to Penal Code 303 PC, a person lawfully comes onto the property of a commercial business that is created to sale liquor but remains on the property for an extended period of time, when their intent is not to purchase liquor themselves but to get someone to purchase them an alcoholic beverage. And understands the natural and probable consequences that may result from asking people to purchase them an alcoholic beverage.
What classifications of property qualify under PC 303?
Any property that is licensed to operate in the sale of liquor in the State of California. Specifically, those companies which applied for the seller’s permit with the Department of Alcohol and Beverage Control and received the license from the Department of Equalization.
A violation of Penal Code 303 PC is charged as a misdemeanor. Penalties include confinement not exceeding 1 year in jail, with fines not exceeding $1000 dollars.
What is an example of a violation of Penal Code 303 PC?
1.Janus just got out of the Bar, it is 11 pm and the bar closes at 1 am. Unfortunately, she does not have any money left. So, she goes outside to ask people passing by her to enter the bar to buy her a drink. The methods she uses to get people’s attention are tapping on their shoulder, interrupting conversations, and even approaching people stepping out of their cars. None of the methods work, but the last person she asked did not take kindly to her bothersome ways, and an argument ensued that disrupted the Security called the police. Janus was arrested.
- Mistake in Law – Consent: The people asked had a kindred relationship with the accused and the soliciting was reasonable between friends and family.
- Mistake in Fact – Meeting of the Minds/ Gratitude: The person accused was soliciting but the people solicited already consented to offer to purchase the liquor but wanted to get a sense of appreciation for providing money for the purchase.
If you are charged with a violation of Penal Code 303 PC call The Esfandi Law Group. Contact Los Angeles criminal defense attorney Seppi Esfandi, principal attorney of The Esfandi Law Group.
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