Abstract

This Note analyzes the propriety of issuing citations for underage possession of alcohol, based solely on the presence of alcohol in a minor's body, where the actual consumption has occurred in a foreign jurisdiction. Part II of the Note discusses the scope of the cross-border underage drinking problem in Southern Arizona and introduces the law enforcement response at issue. Part III argues that the practice of charging individuals who consume alcohol in Mexico with possession of alcohol results in the criminalization of conduct that is not proscribed by statute. This analysis focuses on the plain meaning of the language used in relevant Arizona statutes and the construction of similar language by the courts of Arizona and other jurisdictions. Part IV analyzes the propriety of the practice in light of several Arizona criminal code provisions and case law, such as the requirement that penal statutes "give fair warning of the nature of the conduct proscribed." Part V of the Note addresses federal constitutional concerns raised by the application of Arizona's underage possession statute to minors who consume alcohol in Mexico, concluding that the citations likely violate the Due Process Clause of the Fourteenth Amendment. The concluding section identifies several law enforcement approaches that could be employed as an alternative to the current practice and argues that these approaches would constitute an equally effective response to the problem.

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