Question

A minor entered a liquor store and asked the cashier to let him purchase a case of beer for a party even though he was underage. The cashier agreed as long as he paid double the retail price for the beer as compensation for the risks of the sale. As the cashier started to ring up the transaction, an undercover officer who overheard them intervened and arrested them. The state criminal code provides that it is a felony to knowingly provide alcohol to any person under the age of 21. If the state follows the unilateral theory of conspiracy, of what crimes can the minor and cashier be convicted?

Answer 1

Step-by-step explanation:

The correct answer is that The minor cannot be convicted of either solicitation or conspiracy, but the cashier can be convicted of conspiracy to violate the statute.

The cashier can be convicted of conspiracy in a unilateral jurisdiction, Whereas the minor cannot be convicted of solicitation or conspiracy. According to the unilateral approach by the Model Penal Code, the conspiracy crime requires that only one party has the genuine intent of doing a crime, and can be shown through proof that the defendant agreed with another to commit a crime, even though the other person does not share the commitment.

Here, the fact that the minor is a member of the class that the statute was designed to protect prevents him from being found guilty of conspiracy