breaking bad: college edition

WORDS : LUKE HECK and WHITNEY IRISH

In the February/March 2020 issue of Area Woman,

we walked through some scenarios faced by two young adult characters: Kacey and Josh. While both Kacey and Josh are considered legal adults, there are some criminal consequences they may face when …

Kacey, our 19-year-old art history major, has found herself at a college party drinking rosé followed by a trendy IPA. What are some legal consequences to which Kacey is now exposed?

In North Dakota and Minnesota, individuals under 21 years old are prohibited from being in possession of, or consuming, alcohol. Kacey may be subject to a misdemeanor criminal conviction, fines, jail time, and, in North Dakota, an evidence-based alcohol and drug education program.

Let’s take it a step further. Kacey decides she is over the party (i.e., the cute guy from the wellness center hasn’t shown up) so she gets in her car to head back to her dorm and gets pulled over by the police.

First, not only is this dangerous to herself and others, it is also a crime to drink and drive, regardless of your age, if your alcohol concentration is above .08, if you are “under the influence” of alcohol, or if you refuse to submit to a chemical test to measure your alcohol concentration after being arrested. Kacey could lose her license for three to six months. However, because Kacey is under 21, she is subject to “special consequences.” She does not need to have a blood alcohol level of .08 — she can lose her license for blowing even a .02.

Kacey is mortified at thought of her parents driving her around (she is an adult after all) but using ride-sharing services for three to six months can get expensive and those North Dakota winters are not meant for leisurely strolls around town.

One important thing for young adults to know and remember if they do find themselves to have partaken in adult beverages and an emergency comes up is the Good Samaritan Law. Both North Dakota and Minnesota law provides immunity to criminal charges for minors who have unlawfully consumed alcohol if they are seeking medical or emergency services for themselves (in Minnesota) or another minor in need of medical or emergency services (in Minnesota and North Dakota).

Josh, our now 19-year-old communications major, is still dating his 16-year-old high school sweetheart. They are now living in different towns and trying to make their long-distance relationship work over text and cell phone apps.

Sharing of sexual explicit photos, or “sexting,” whether it be via email, text or cell phone apps (do people still send love letters? — if so, that applies too), can lead to serious criminal charges, including felonies, for Josh, our young adult character.

Josh could potentially be convicted of luring a minor (if they are more than three years apart in age), as well as possession and dissemination of child pornography. Consent by both parties is not a defense to the charges. In addition to the criminal charges, Josh could have to register as a sex offender for a period of 15 years to the rest of his lifetime. In addition, if his college took action to investigate the conduct, he could be subject to Title IX Sexual Misconduct Proceedings through the school, making them susceptible to possible penalties there, including suspension or even expulsion. Not to mention the embarrassment or the potential to lose any scholarships and ability to play college level sports.

If you have a criminal issue, please do not hesitate to call Vogel Law Firm at 701-237-6983. This article is general information regarding this issue and is not intended to be an in-depth review of these rather complex legal issues.

WE ALL HAVE ONE THING IN COMMON WE’RE ATTORNEYS

No other North Dakota law firm comes close to the number of women attorneys as Vogel and we work hard to assure your success. Our wide range of practice areas include:

Family Law / Wills and Estate Planning

Criminal Defense Law / Business Law

Litigation / Immigration Law

Personal Injury and Wrongful Death

Environmental, Water Law and Land Use

Employment Law

Whitney Irish (above left) and Luke Heck (above right) are attorneys at Vogel Law Firm. Luke is a criminal defense attorney and tirelessly advocates for his clients to achieve positive outcomes in their matters. Whitney counsels clients in the areas of estate planning, oil and gas, probate, trust administration. She works with clients in various stages of life — young professionals, families with young children, business owners, and farmers planning for succession.