Any person under twenty-one years of age consuming or having recently consumed alcoholic beverages other than during a religious service, or being in actual possession of alcoholic beverages, is guilty of Unlawful Possession or Consumption of Alcoholic Beverages.

ESSENTIAL ELEMENTS OF OFFENSE

The State’s burden of proof is satisfied if the evidence shows, beyond a reasonable doubt, the following essential elements:

l) On or about [month] [day] [year], in [County], North Dakota, the Defendant,__________________, was under twenty-one (21)years of age; and

2) [consumed or recently consumed alcoholic beverages other than during a religious service] [was in actual possession of alcoholic beverages].

DEFINITION “Actual possession” may be proven by direct or circumstantial evidence. Two or more persons may simultaneously possess the same object. A person is in actual possession of an alcoholic beverage if that person knowingly has direct physical control over the alcoholic beverage. Actual possession requires that a person exercise some degree of actual dominion or control (authority) over an alcoholic beverage.

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