PROBLEM: You are an attorney and your old friend John contacts you. John has rec

Question

PROBLEM:

You are an attorney and your old friend John contacts you.   John has recently started his own business to sell a new product he has developed.   The product is a new design for small, light-weight personal headphones, as would be used with an smartphone, digital tablet, MP3 player or a radio. His questions to you concern several issues of what he should look for in creating contracts for his business.

Question:

(1.)  John’s product will probably be bought by a large percentage of minors by orders taken over his internet site. Advise John as to any defense(s) that a minor (someone under 18) may have regarding a purchase.   Explain in detail what defense(s) may apply.

Explanation / Answer

Adults who influence or assist minors commit acts of juvenile delinquency can be prosecuted with the offense of contributing to the delinquency of a minor (CDM). A minor however is any individual under the age of majority which is 18 years. Possession and ownership of alcohol is considered to be an act of juvenile delinquency for instance offering alcohol to minors can be regarded as an act of CDM.

Some regulations precisely prescribe that only parents, lawful guardians and others who have safekeeping of a child can be charged with CDM. But however these regulations generally can also take legal action against others for instance colleagues or unfamiliar persons for contributing to the delinquency of a minor.

Various authority do deviate over whether the activities and manners must essentially lead to an act of delinquency and whether mens rea a guilty mind is necessary for culpable and at fault verdict.

However some states only need the intention to commit the act not considering whether the defendant was aware of the minor’s real age. But others permit an assenting argument based on need of mens rea such as being uninformed of the minor’s age and thus not aiming to entrust the wrong doing.

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