|ICJI 1254 ILLEGAL CONSUMPTION/POSSESSION BY A MINOR
In order for the defendant to be guilty of Illegal [Consumption] [Possession], the state must prove each of the following:
1. On or about [date]
2. in the state of Idaho
3. the defendant [name], being under 21 years of age,
4. [purchased,] [attempted to purchase,] [possessed,] [served,] [dispensed,] [or] [consumed,]
5. [beer,] [wine,] [or] [alcoholic liquor].
If any of the above has not been proven beyond a reasonable doubt, you must find the defendant not guilty. If each of the above has been proven beyond a reasonable doubt, then you must find the defendant guilty.
I.C. §§ 23–949 & 23–1023.
I.C. § 23–949 provides that "any person who is nineteen (19) years of age or older may sell, serve, possess and dispense liquor, beer or wine in the course of his employment in any place as defined in section 23–942, Idaho Code or place where liquor, beer or wine are lawfully present so long as such place is the place of employment for such person under twenty-one (21) years of age."
I.C. § 23–1023 provides that it does not apply to "possession by a person under the age of twenty-one (21) years making a delivery of beer in pursuance of the order of his parent or in pursuance of his employment, or when such person under the age of twenty-one (21) years is in a private residence accompanied by his parent or guardian and with such parent's or guardian's consent."
Where there is at least some evidence to support a defense under either of these provisions, ICJI 1255 should also be given.