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;
(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);
(3) that the defendant acted either intentionally, knowingly, or
"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
1. Tenn. Code Ann. § 39-17-702(a).
2. Tenn. Code Ann. § 39-11-301(b) and (c) and accompanying Sentencing
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).
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.