Substrate Record: qid 930

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qid 930 · law

Question: A state enacted a statute making it illegal to knowingly sell, purchase, or in anyway distribute any form of tobacco to a minor. Violation of the statute was a misdemeanor punishable by a $500 fine and up to 30 days in jail. After the statute's enactment, a defendant sold a pack of cigarettes to a girl who was 17 years of age. Before selling the product to the girl, the defendant carefully examined the girl's driver's license, which indicated that she was, in fact, 17 years old. The defendant nevertheless made the sale because he erroneously believed the age of majority to be 17. The defendant is subsequently charged with violation of the statute, and his mistake is honestly held to have been made. Such a mistake should

1. not prevent his conviction, because the crime imposes absolute criminal liability.
2. result in his acquittal, because the girl presented a false identity.
3. not prevent his conviction, because he intentionally sold the cigarettes.
4. not prevent his conviction, because he had previous knowledge of the law.
5. result in his acquittal, because he did not possess the requisite mens rea.
6. not prevent his conviction, because the age of majority is 18, not 17.
7. result in his acquittal, because he took reasonable steps to ascertain the girl's age.
8. result in his acquittal, because he honestly made a mistake.
9. result in his acquittal, because the statute was not clearly defined.

Our answer: E. result in his acquittal, because he did not possess the requisite mens rea. Source quote machine-checked (at mint)

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