Possession of Alcohol by Persons Under 21

Elements marked AND are cumulative. Elements marked OR identify statutory alternatives; one applicable alternative must be established when that theory is charged. Conditional elements apply only to the identified statutory track.

1. Element 1

   AND — Required

   All core facts required — AND

   The defendant was under 21 years of age at the time of possession.

   Plain language: Verify age at the time of the alleged offense.

2. Element 2

   AND — Required

   All core facts required — AND

   AND the defendant possessed a beverage.

   Plain language: Document the facts establishing possession and knowledge, rather than presence at a party alone.

3. Element 3

   AND — Required

   All core facts required — AND

   AND the beverage was an alcoholic beverage under the Beverage Law.

   Plain language: Identify the beverage; apply the definition in § 561.01(4).