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Multistate Bar Examination Practice Question

A state statute makes it a crime to "sell an alcoholic beverage to a person under the age of 21." A store owner sold a can of beer to a 20-year-old customer. The customer appeared to be over 21 and presented a fake ID that looked authentic. The store owner was charged with violating the statute. In a jurisdiction where this is a strict liability offense, what is the likely outcome?

  • The store owner will be found guilty because their intent is irrelevant.

  • The store owner will be found guilty only if the prosecution can prove the owner was negligent in checking the ID.

  • The store owner will be acquitted because they made a reasonable mistake of fact.

  • The store owner will be acquitted because they lacked the necessary mental state to commit the crime.

Multistate Bar Examination
Criminal Law and Procedure
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