T.P.I.-- CRIM. 33.01

UNLAWFUL SALE OF ALCOHOLIC BEVERAGES

            Any person who commits the offense of unlawful sale of alcoholic beverages is guilty of a crime.

            For you to find the defendant guilty of this offense, the state must have proven beyond a reasonable doubt the existence of the following essential elements:¹

(1)  that the defendant sold [wine] [beer] [ale] [any other beverage

       or mixed drink containing alcohol] in an establishment;

and

(2)  that the establishment was not operating in compliance with

       _____________________________________________;                    (insert law allegedly not complied with governing the

           sale of alcoholic beverages in such establishments);

and

(3)  that the defendant acted either intentionally, knowingly, or

       recklessly.²

            "Intentionally" means that a person acts intentionally with respect to the nature of the conduct or to a result of the conduct when it is the person's conscious objective or desire to engage in the conduct or cause the result.³

            "Knowingly" means that a person acts knowingly with respect to the conduct or to circumstances surrounding the conduct when the person is aware of the nature of the conduct or that the circumstances exist.  A person acts knowingly with respect to a result of the person's conduct when the person is aware that the conduct is reasonably certain to cause the result.⁴

            "Recklessly" means that a person acts recklessly with respect to circumstances surrounding the conduct when the person is aware of but consciously disregards a substantial and unjustifiable risk that the circumstances exist or the result will occur.  The risk must be of such a nature and degree that its disregard constitutes a gross deviation from the standard of care that an ordinary person would exercise under all the circumstances as viewed from the accused person's standpoint.⁵

FOOTNOTES

  1.  Tenn. Code Ann.  § 39-17-702(a).

  2.  Tenn. Code Ann.  § 39-11-301(b) and (c) and accompanying Sentencing

       Commission Comment.

  3.  Tenn. Code Ann.  § 39-11-106(a)(18).

  4.  Tenn. Code Ann.  § 39-11-106(a)(20).

  5.  Tenn. Code Ann.  § 39-11-106(a)(31).

COMMENTS

            1.  Unlawful sale of alcoholic beverages is a Class B misdemeanor.  Tenn. Code Ann. § 39-17-702(b).

            2.  If the definition of an offense within Title 39 does not plainly dispense with a mental element, intent, knowledge or recklessness suffices to establish the culpable mental state.  Tenn. Code Ann.  § 39-11-301(c).  The Committee is of the opinion that the definitions of "intentionally", "knowingly", and "recklessly" should all be charged for this offense.