§ 53-180 — Prohibited acts relating to minors and incompetents

Nebraska § 53-180

• Jurisdiction: Nebraska
• Ch. 53: Liquors

Text

No
person shall sell, furnish, give
away, exchange,
or deliver, or permit the sale, gift, or procuring of, any alcoholic liquors to or for any minor or to any person who is
mentally incompetent.

Legislative History

Source: Laws 1935, c. 116, § 38, p. 400; Laws 1937, c. 125, § 1, p. 437; C.S.Supp.,1941, § 53-338; Laws 1943, c. 121, § 1, p. 419; R.S.1943,§ 53-180; Laws 1951, c. 174, § 1(1), p. 664; Laws 1980, LB 848, § 17; Laws 2011, LB667, § 21. Cross References: Minor Alcoholic Liquor Liability Act, see section 53-401. Annotations: This section does not make it a crime to permit the possession or consumption of alcohol by a minor. State v. Jansen, 241 Neb. 196, 486 N.W.2d 913 (1992). A criminal conviction under this section may rest upon circumstantial evidence. State v. Wilson, 238 Neb. 217, 469 N.W.2d 749 (1991). This section does not create a duty toward third parties, and, as such, it does not fix a standard of care, the violation of which could be proof of negligence in actions by third parties. Pelzek v. American Legion, 236 Neb. 608, 463 N.W.2d 321 (1990). In procuring liquor for a minor, which does not involve a specific criminal intent, the general criminal intent is supplied by the performance of the proscribed act. State v. Lesiak, 234 Neb. 163, 449 N.W.2d 550 (1989). This section does not create a duty toward third parties and, therefore, the statute does not fix a standard of care, the violation of which could be proof of negligence in actions by third parties. Schroer v. Synowiecki, 231 Neb. 168, 435 N.W.2d 875 (1989). Requisite intent may be inferred from defendant's acts and surrounding circumstances, so evidence was sufficient to support conviction. State v. Smith, 221 Neb. 406, 377 N.W.2d 527 (1985). The Nebraska Liquor Control Act does not create a civil cause of action in favor of third parties for violation of this section, nor is such violation evidence of negligence. Holmes v. Circo, 196 Neb. 496, 244 N.W.2d 65 (1976). City ordinance prohibiting sale of intoxicating liquors to minors is not void as being inconsistent with state statute. Bodkin v. State, 132 Neb. 535, 272 N.W. 547 (1937). Procuring alcoholic liquor for a minor is a general intent crime, and there is sufficient evidence to convict a defendant even when he or she did not intend for a minor to obtain the alcohol which the defendant purchased. State v. Butzke, 7 Neb. App. 360, 584 N.W.2d 449 (1998).