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MMLU / A state has a statute prohibiting the sale of guns and ammunition to any person…

Problem

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question

A state has a statute prohibiting the sale of guns and ammunition to any person under the age of 17. Violation of the statute is a felony punishable by a fine of $5,000 and imprisonment for up to two years. The state courts have interpreted this statute as a public welfare offense requiring no particular mental state for its violation. As such, this is a strict liability crime whereby culpability is imposed on a defendant for doing the proscribed act. A defendant, a 15-year-old, entered the store to purchase a shotgun as a present for her father. She took a shotgun off the shelf and went to the cashier's counter to pay for it. Not seeing the cashier anywhere, the defendant left the exact price for the shotgun on the countertop and left the store. If the defendant is prosecuted for violating the state statute, she should be found

choices

  1. guilty, because she purchased the shotgun while under the statutory age.
  2. guilty, because the statute imposes absolute criminal liability.
  3. not guilty, provided she was unaware that the statute prohibited the sale of weapons to a person in her age group.
  4. not guilty, provided that the legislative intent was not to make the purchase of shotguns a criminal offense.

subject

professional_law

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