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Show Vernal Express Wednesday. October 23. 2002 5 Bench Press only-dont by Judg G. A. "Jody" Petry In a landmark case in Philadelphia. Pa. an adult was punished for a fatal crash caused by a drunken teen even though the adult did not serve alcohol to the minor, the Associated Press rerouted rerout-ed Oct. I. Judith McCloskey. 42. was found guilty of involuntary manslaughter. She allowed her two teenage daughters to have a party in her home, but did not provide them with alcohol. One of the teenaged guests, a 19 year old, left McCloskey's house drunk and crashed his sports vehicle. He and two passengers were killed in the crash. McCloskey said she was unaware that the teens were drinking drink-ing in the basement. McCloskey could face up to IS years in prison. Could this happen in Utah? Absolutely. Minors, even so-called "adult minors' (those 18 but not yet 2 1)-have enough trouble making mak-ing good decisions without adults (people 2 1 and over) helping them into bad situations. There are several sev-eral laws against such assistance, lor example, Utah Code Section 76-10 2301. Contributing to the delinquency of a minor: Any adult who commits any act or engages in any conduct which he knows or should know would have the effect of causing or encouraging a minor to commit an act which would be a misdemeanor or infraction criminal violation of any federal or slate statute or any county or municipal ordinance if committed by an adult is guilty of a class B misdemeanor. To put this offense into context, a person was recently charged and convicted under this section when authorities were called to the scene of a loud party. There were numerous numer-ous persons present, some over 21. some between 18 and 21 and some between 16-18 years old. The ow ner of the home was present and over 21 years old. In his court case, the court found: alcoholic beverages bever-ages were present at Defendant's home; Defendant is over 21 years old; Defendant knew of the alcoholic alco-holic beverages; Defendant knew there were persons present at his home who were under 2 1 years old and some under 18 years old; Defendant knew at least two of the minors had been drinking. It is illegal ille-gal for anyone under 21 years old to purchase, possess, or consume an alcoholic beverage. After making mak-ing those findings, the court then ruled that Utah law clearly states that, except for strict liability offenses, no person is guilty of an offense unless his conduct is prohibited pro-hibited by law and he acts intentionally, inten-tionally, knowingly, recklessly, with criminal negligence, or a mental state otherw ise specified in F 6 IK Clinics for High Risk Individuals and those 55 and over October 25, Friday -Smith's Pharmacy 1 pm 7 pm Flu Shots: $20 Pneumonia: $25 TetanusDiphtheria: $20 FU iW PutiMnii Skirt in Mtdittra fart I Imfiri Hi Cifif. Sim litimci FIim AtttptW. Click fur ttiifirj mrJmtiM if ituriKi foMfihl REIICJUtt MIOR IXmMCE I.I. CAKI EU8IIEII the statute defining the offense. Section 76-10-2301 (the "contributing" "con-tributing" statute) does not define a specific mental slate; however. Section 76-2-102 covers the lack of definition of culpability. Culpability can be roughly divided into four categories. At the highest level there is intentional and willful will-ful conduct. Next is reckless conduct, con-duct, followed by criminally negligent negli-gent conduct as the Wast culpable. The requisite mental state for a violation of the contributing statute is, therefore, intent, know ledge, or recklessness." Section 76-2-103 defines reckless conduct as an awareness of and conscious disregard disre-gard of an unjustifiable risk that the circumstances exist and the result will occur. You see. it was not necessary for the Defendant to actually place the alcoholic beverages bever-ages into the minors' possession, nor for him to intend that the minors drink. Defendant knew that minors cannot legally possess t consume alcoholic beverages. Defendant disregarded this risk of illegal behavior when allowing a party to occur at his home where both minors and alcoholic beverages bever-ages were present. Besides the "contributing" statute, there is a specific statute dealing with minors and alcohol. Section 32A-I2-203 provides that a person may not sell, offer to sell, or otherwise furnish or supply any alcoholic beverage or product to any person under the age of 21 years. If a person recklessly, that is. being aware of hut disregarding a risk that underage people possess, pos-sess, consume, or purchase an alcoholic alco-holic beverage, he or she is guilty of a class B misdemeanor. Why all this fuss about teenagers drinking? Isn't it a "rite of passage" pas-sage" and "no big deal"? Absolutely not. I have no problem with people responsibly consuming alcoholic beverages My prob- Icm and yours-is when that substance sub-stance is abused. It is impossible for people under 21 years old to responsibly use akroholic beverages. bever-ages. You may be thinking that this is much ado about nothing. After all, it was only I beer (or one sip); or the person didn't actually drink any, merely had it in his or her possession pos-session The statute nukes no distinction dis-tinction between 1 beer, I sip, or a 12 pack. It makes no distinction between consuming r possessing. Birth are equally as unlawful. Every week I see pepk in the courtroom with charges directly relating to alcohol and drug abuse. Over 95 percent of these people have in their criminal histories early offenses of unlawfully ciwi-sumingpossessing ciwi-sumingpossessing alcohol. Nobody wakes up oik day and decides to he addicted to alcohol or drugs. It usually lakes more than one use of the substance. Alcohol is often called a gateway drug because of the link between the number of young people who use it and the number that go on to use other illegal drugs. In the U.S.. use of alcohol is associated with at least of all car crashes, suicides, drownings, crimes of violence, unplanned sex, pHr school performance, perfor-mance, and other trauma among youth. Studies have shown that alcohol and tobacco ate usually the first drugs young people try Youth who drank alcohol were 50 times more likely to use harder drugs. While using alcohol yung people peo-ple develop behaviors that can also be associated with using drugs, such as a willingness to take chances. They also leam: how to obtain substances illegally; how much of the substance to use; how to conlrol tin.' side effects; how to hide what they've done and lie about it; and how to ileal with any guilt and shame over what they've done. The use of alcohol does not necessarily cause young people to use harder drugs, but there is strong evidence that using these substances sets up patterns of behav ior that may make it easier to take the next step and use other drugs. It is my hope that in not merely slapping the young person's hand and saying, "don't do it again" and making the punishment uncomfortable, the young person will learn not only to lake responsibility responsi-bility for his or her actions but to also stop and think about the future. If they continue to unlawfully unlaw-fully use alcohol, they will likely continue to go to jail, may move on to abusing other substances, and that can seriously hamper their future goals and plans. The two cases I've discussed here, the Pennsylvania woman held responsible for the deaths of teenagers drinking at her house and the defendant being found guilty of contributing for hosting a party al his home in which both minors and alcohol were present, illustrate that serious consequences await those who believe alcohol and teens are no big deal. Help me save a life. encourage young people not to abuse alcohol and please, don't make it easier for them by prov iding id-ing the place or the alcohol for them. Remember that I need readers to submit their questions. I can accept your questions three ways. (1) write to this newspaper co Bench Press; 2t write to the Justice Court. 147 li. Main. Vernal. UT 84078 all: Bench Press; or (3) email me at jpctry ( co uintah ul us. Please be aware that I cannot com ment on any particular case pending pend-ing in any court, including my own courts This column reflects the opinions of Judge Petry li in no way purports pur-ports to be a comprehensive guide to k-gal mailers Judge Pelry makes no repiesent.il ions as in ihe validity and accuiacy ol the mlurmation provided other than it is lorrccl to the best of her knowledge You are encouiaged to seek iuniHienl legal counsel lor any specific questions you may have v, -A, v.. .Jc. ,jV. .Vc Vc a W H W W W M M M U M U sgm Veteran's '-Hy' Corner -V, A. .A, -V, .A, A, -A A, .JV, VC -v, .-A. Jc., ,JV, M W W U U U W W M M M M M v V D.A.V. and Auxiliary meeting The I) A V and Auxiliary will be meeting Oct 24 at 6 p ni al the Hoyle and Sylvia Chew residence. IIWS 6V1W A pollock dinner will he served Mike and ticotgu V.mdetlindcn .ne hosting You need a State Senator that will represent your issues, fight your battles, and stand up for your principles! Utah State Senate District 26 You can count on me. (Paid for by the committee to elect Beverly Han We use our energy making our free checking accounts better. The Next Stage v.'r,, ini.i. i n We're always making sure our checking accounts are the best they can be. First, we work on ways our checking accounts can free you up. Why? Because we know you're busy.That's why we were the first bank to open full-service branches in supermarkets and offer evening banking. We also have HUNDREDS OF ATMS WHERE YOU NEED THEM MOST. And if that doesn't work'for you, you can talk to a live banker 24 hours a day, 7 days a week. 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