Tuesday, February 10, 2009

This Is Why I Love Language And Law

It's amazing what logical fallacies can arise by merely reading certain Seattle Municipal codes. The prominent example that I came across deals with the contributing to delinquency. According to SMC 12A.18.030 of the Seattle Municipal code:
"A person is guilty of contributing to the delinquency of a child if,by act or omission, he knowingly causes or encourages a child to commit or otherwise contributes to a child's commission of a delinquent act."
Okay, now let's say this code refers to an adult purchasing alcohol for a minor. That would make the adult guilty, right? Using straightforward logic would tell us 'yes'. However, let's look at what the definition of a delinquent act is, according to SMC 12A.18.010:
"Delinquent act" means an act committed by a child which would be designated a crime if committed by an adult."
Now let me ask you this: if you are 21 years of age or older (in Washington state, at least), is it a crime to consume alcohol? Answer: no. Henceforth, we are presented with the logical flaw. The adult could not be guilty of providing the minor with alcohol, on the grounds that the very act itself is not delinquent. Arguments and refutations can be posted in Comments.

Of course, you can just go over to SMC 12A.24.100 and make me eat my own words:
A. It is unlawful for any person under the age of twenty-one (21) years to possess, consume or otherwise acquire liquor.

B. Subsection A of this section shall not apply to:

1. Liquor given or permitted to be given to a person under the age of twenty-one (21) years by a parent or guardian and consumed in the presence of the parent or guardian;

2. Liquor given for medicinal purposes to a person under the age of twenty-one (21) years by a parent, guardian, physician or dentist;

3. Liquor given to a person under the age of twenty-one (21) years when such liquor is being used in connection with religious services and the amount consumed is the minimal amount necessary for the religious service.

C. It is unlawful for any person under the age of twenty-one (21) years to purchase or attempt to purchase liquor. A person between the ages of eighteen (18) and twenty (20) years, inclusive, who violates this subsection is guilty of a misdemeanor and shall be punished by imprisonment for not more than ninety (90) days or by a fine of not more than One Thousand Dollars ($1,000) or by both such imprisonment and fine; provided, however, that a minimum fine of Two Hundred Fifty Dollars ($250) shall be imposed and any sentence requiring community service shall require not fewer than twenty-five (25) hours of such service.

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