Shoulder Tap Crime

Most states make it a crime to purchase alcohol for a minor, sometimes called the shoulder tap crime, based on the typical manner a request by a minor for an adult to buy alcohol occurs. These crimes generally do not require proof that the defendant knew the person was underage.

Should the same strict liability apply to a host of a party that is attended by both adults and minors, where alcohol at the private party is furnished to both?

Should a host be able to offer evidence that he reasonably believed the minor was old enough to drink?

Would it help your case if the jurisdiction made such a defense available to bars and liquor stores that required buyers to provide proof of age?

Use the following case to help guide your analysis:

http://www.justia.com/criminal/docs/calcrim/2900/2964.html

Your analysis should be a minimum of two pages in length and follow APA formatting and citation guidelines.