California Penal Code Section 303(a) PC: Soliciting Purchase Of Alcohol

California Penal Code Section 303(a) PC: Soliciting Purchase Of Alcohol

Asking someone to buy you alcohol may seem harmless, but in California it can actually be a crime. California Penal Code Section 303(a) PC makes it illegal to loiter in front of a business that sells alcohol and ask passersby to purchase alcohol for you.

This law was created to prevent underage drinking and public intoxication. While the intentions are good, the broad wording of the law means even legal adults could be charged for behavior that seems pretty innocuous.

In this article, we’ll break down California’s law against soliciting the purchase of alcohol. We’ll cover:

• What is prohibited under Penal Code 303(a) PC?
• What are the penalties if convicted?
• What are some legal defenses?
• What happens at a jury trial for this charge?

Let’s start by looking at what exactly this law prohibits.

What Does California Penal Code Section 303(a) Prohibit?

Under Penal Code 303(a) PC, it is illegal to do the following:

1. Loiter in front of a business that sells alcohol, and
2. Solicit anyone to purchase alcohol for you.

Let’s break these elements down:

Loitering

First, you must loiter in front of a business that sells alcohol. “Loitering” simply means lingering or hanging around without any clear purpose.

So if you’re standing on the sidewalk outside a liquor store or grocery store, you could be considered loitering. It doesn’t matter if you have an intent to purchase alcohol yourself or not.

Soliciting Purchase

Second, while loitering there, you must solicit passersby to purchase alcohol for you. “Soliciting” means expressly asking someone to buy alcohol for you.

This includes any verbal request like:

• “Hey man, can you pick me up a six pack?”
• “Would you mind buying me some vodka? I’ll pay you back.”
• “Excuse me, could you get me a bottle of wine? I left my ID at home.”

It also includes nonverbal acts like:

• Waving money at people entering the store
• Holding up a sign saying “Buy me alcohol?”
• Nodding when asked “Can I get something for you?”

The key is you are expressly asking others to purchase alcohol for you while loitering near a business that sells it. If so, you could face charges under California’s law against soliciting alcohol.

What Are the Penalties for Soliciting Alcohol in California?

If convicted under Penal Code 303(a) PC, you face:

• Up to 6 months in county jail, and/or
• A fine of up to $1,000¹

In other words, soliciting the purchase of alcohol is a misdemeanor in California. While less serious than felonies, misdemeanor convictions still carry stiff penalties.

In addition to jail time and fines, a misdemeanor conviction can also impact your criminal record and future job opportunities. You may have trouble passing background checks or getting licensed for certain jobs.

Legal Defenses to Penal Code 303(a) Charges

Given the consequences, it’s important to fight solicitation of alcohol charges with an experienced California criminal defense lawyer. Several legal defenses could get your charges reduced or dismissed. Some common defenses include:

You Were Not Loitering

Remember, the law prohibits loitering in front of a business that sells alcohol. But what if you weren’t loitering at all?

For example, maybe you were:

• Walking to your car after shopping
• Waiting briefly for an Uber/Lyft
• Stepping inside to ask directions

In these cases, a skilled lawyer can argue you were not loitering as required under Penal Code 303(a). Your actions may have been completely lawful.

You Did Not Solicit Alcohol

Even if you were loitering, did you actually ask anyone to purchase alcohol? The law requires active solicitation.

For example, perhaps someone offered to buy you alcohol without you asking. Or maybe police misinterpreted your actions as soliciting alcohol, when you were doing something completely different like panhandling or asking for directions.

An attorney can argue there is insufficient evidence you solicited alcohol as defined under California law.

You Lacked Criminal Intent

Most crimes require criminal intent, meaning you knew your actions were unlawful but chose to commit them anyway. But what if you didn’t realize soliciting alcohol was illegal?

For example, maybe you just turned 21 and didn’t know asking others to buy alcohol for you was a crime. Or perhaps you are visiting from out-of-state and the laws are different where you live.

If you can show you didn’t know soliciting alcohol was illegal, then you lacked the criminal intent required for a conviction under Penal Code 303(a).

You Were Unlawfully Profiled

Unfortunately, law enforcement sometimes profiles certain groups of people as more likely to commit crimes. Racial profiling and age discrimination are common examples.

If police targeted you based on your age, race, or appearance, your lawyer can file a motion to suppress evidence due to an unlawful stop. This could get your charges dismissed before trial.

What Happens at Trial for Soliciting Alcohol Charges?

If prosecutors pursue charges against you under Penal Code 303(a), your case will go to trial unless a plea bargain is reached. Here’s what you can expect at trial:

• The prosecutor will present their case first, calling police officers and witnesses to testify against you.
• Your defense lawyer will cross-examine the prosecution’s witnesses, poking holes in their testimony.
• Your lawyer may also call any defense witnesses with testimony helpful to your case.
• You have the right to testify in your own defense, or you can remain silent.
• The jury will deliberate and return a verdict of guilty or not guilty.

An experienced criminal trial lawyer can argue there is reasonable doubt in your case. If even one juror finds reasonable doubt, the jury must return a not guilty verdict.

Speak with a California Criminal Defense Lawyer Today

While soliciting the purchase of alcohol may not seem like a big deal, it’s actually a misdemeanor crime in California. The penalties can negatively impact your life for years to come.

Don’t leave your fate in the hands of prosecutors. An skilled criminal defense lawyer can often get charges reduced or dismissed. But you need someone fighting for you.

For a free consultation on your case, contact a California law firm near you today. With an experienced attorney on your side, you can avoid harsh penalties for soliciting alcohol.

References

1. California Penal Code 303(a) PC