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Raising Up An Alliance of Discerning Luminaries

Raising Up An Alliance of Discerning Luminaries- Alcohol

It is illegal for anyone under the age of 21 to purchase, possess, and consume alcohol. As a result, in addition to breaking the law, teens are particularly vulnerable to various problems that alcohol can cause. Some problems alcohol can cause are: addictions, heart and liver damage, slurred speech, impaired co-ordinations and slow reflexes. Alcoholism is a disease just like diabetes or high blood pressure. Consumption of alcohol can lead to intoxication and even death.


Studies of domestic violence frequently document high rates of alcohol and other drugs that impair judgement and increase aggression. We believe in order to reduce the incidence of these problems in the future; prevention of alcohol and other drugs abuse must be a top priority. If people knew more about alcohol poisoning, it could be avoided.


Alcohol poisoning, like other drugs overdoses, can occur after the ingestion of a large amount of any alcoholic beverage, including beer, wine, or hard liquor.


Alcohol (a depressant drug), once ingested, works to slow down some of the body's functions including heart rate, blood pressure, and breathing. When the vital centers have been depressed enough by alcohol, unconsciousness occurs. People who survive alcohol poisoning sometimes suffer irreversible brain damage.


CRIME: The crime of operating a vehicle while intoxicated is the operating any motor vehicle, aircraft, water craft, vessel, or other means of conveyance when the operator is under the influence of alcoholic beverages or the operator's blood alcohol concentration is 0.10% or more by weight based on grams of alcohol per one hundred cubic centimeters of blood.


PUNISHMENT: The offender could be fined from $300 to $2000, be sentenced from probation to 10 or more years depending on the number of offenses committed. The offender may also be sentenced to substance abuse programs.

Raising Up An Alliance of Discerning Luminaries

Illegal Use of Alcohol In Mississippi

 What is the legal drinking age in Mississippi? The legal drinking age for beer and/or alcohol is 21 years of age. However, a person who is 18-21 years of age, in the presence of his parent or legal guardian, may consume beer with the consent of the parent or legal guardian. 


 In Mississippi, illegal uses of alcohol include purchasing or consuming alcohol under the age of 21 (with limited exceptions for 18-20 year olds consuming beer with a parent/guardian), driving while under the influence (DUI) with a Blood Alcohol Content (BAC) of 0.08% or higher (or 0.02% for under-21 drivers), public consumption or open container violations (unless in approved areas), and illegally selling or furnishing alcohol to minors. Possession of alcohol is generally legal, but its sale, manufacture, and distribution are strictly regulated and require proper licensing.  

Minor (Underaged) Alcohol Laws

 

  • Age: The legal drinking age for any alcohol is 21. 
  • Consumption Exceptions: Individuals aged 18-20 may consume beer with a parent or legal guardian present and with the guardian's consent. 
  • Purchase & Possession: It is illegal for anyone under 21 to purchase or possess alcohol. 

Drunk Driving Laws

                   DUI: It is illegal to drive with a BAC of 0.08% or higher. 

  • Underage DUI: Drivers under 21 face a stricter BAC limit of 0.02%. 

Public and Open Container Laws

 

  • Public Consumption: Generally, public consumption of alcohol is prohibited except in designated entertainment districts approved by the local municipality. 
  • Open Containers: It is illegal to carry open containers of alcohol in vehicles or public spaces, unless explicitly permitted by local ordinances. 

Sale and Furnishing Laws

 

  • Selling to Minors: It is illegal to sell or furnish alcohol to individuals under 21. 
  • Licensing: The sale, manufacture, and distribution of alcohol require strict regulation and licensing from the state. 

Possession Laws

 

  • ** Statewide Legality:** As of January 1, 2021, possession of alcoholic beverages is legal throughout the entire state, regardless of local "dry" or "wet" status.
  • Exceptions: Possession is still illegal if it's with the intent to sell without authorization or if the alcohol was acquired illegally. 

 

CRIME:

 

  • ** Statewide Legality:** As of January 1, 2021, possession of alcoholic beverages is legal throughout the entire state, regardless of local "dry" or "wet" status.
  • Exceptions: Possession is still illegal if it's with the intent to sell without authorization or if the alcohol was acquired illegally. 

 

Crime: DUI's DWI's & Possession

Mississippi Code 63-11-30

 (1) It is unlawful for a person to drive or otherwise operate a vehicle within this state if the person:

  • (a) Is under the influence of intoxicating liquor;
  • (b) Is under the influence of any other substance that has impaired the person's ability to operate a motor vehicle;
  • (c) Is under the influence of any drug or controlled substance, the possession of which is unlawful under the Mississippi Controlled Substances Law.
  • Zero Tolerance for Minors

Fines:  In Mississippi, DUI/DWI fines increase with each offense: a first offense typically incurs fines of $250 to $1,000, a second offense between $600 and $1,500, and a third or subsequent felony offense can result in fines from $2,000 up to $5,000 or more. These monetary penalties are in addition to other consequences such as potential jail time, license suspension, mandated alcohol education programs.

Punishments:  First Offense

  • Jail: Up to 48 hours or two days in jail, or completion of a victim impact panel. 
  • Fines: Between $250 and $1,000, plus state assessment and court costs. 
  • License: 90-day to 120-day suspension, with a possible ignition interlock device. 
  • Other: Mandatory alcohol safety program and vehicle impoundment until equipped with an ignition interlock device. 

Second Offense (within 5 years)

  • Jail: Up to six months. 
  • Fines: $600 to $1,500. 
  • License: One-year suspension, but a court may order a restricted ignition interlock license. 
  • Other: Community service work. 

Third Offense (within 5 years)

  • Classification: Felony. 
  • Jail: 1 to 5 years. 
  • Fines:$2,000 to $5,000. 
  • License: Three-year license suspension, after which only an ignition interlock restricted license is possible for three years. 
  • Other: Substance abuse diagnostic assessment and completion of recommended treatments. 

Aggravated DUI 

  • Classification: A more severe offense if a DUI results in another person's death or serious bodily injury. 
  • Penalties: Up to 25 years in prison for each death, or up to 20 years for each serious bodily injury. 

Explain how you could be sentenced for committing one of these crimes?

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CRIME: DUI'S DWI'S & POSSESSION

Why do you feel people drink alcohol?

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Raising Up An Alliance of Discerning Luminaries

103 Cottage Drive, Natchez, MS, USA

601-334-5694

CRIME: DUI'S DWI'S & POSSESSION

What are some problems alcohol can cause?

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Raising Up An Alliance of Discerning Luminaries

103 Cottage Drive, Natchez, MS, USA

601-334-5694

CRIME: DUI'S DWI'S & POSSESSION

Explain why you would or wouldn't drink and drive?

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Raising Up An Alliance of Discerning Luminaries

103 Cottage Drive, Natchez, MS, USA

601-334-5694

Raising Up An Alliance of Discerning Luminaries

Raising Up An Alliance of Discerning Luminaries - Marijuana

Marijuana is the illegal drug most often used in this country. Marijuana is a green, brown, or gray mixture of dried, shredded leaves, stems, seeds, and flowers of the herb plant (cannabis sativa).  Other names are pot, weed, grass and herb.


All forms of cannabis are mind-altering (psychoactive) drugs; they all contain THC (tetrahydrocannabinol) the main active chemical in marijuana. 


Red eyes, dry mouth, laughing and hunger are some physical symptoms. The dangers of this drug is lung damage, panic reaction, and impaired short term memory.


Within a few minutes of inhaling marijuana smoke, the user will likely feel, along with intoxication, rapid heart beat, some loss of coordination and poor sense of balance. 


THC in marijuana is readily absorbed by fatty tissues in various organs. Generally, traces of the THC can be detected by standard urine testing methods several days after smoking. However, in heavy chronic users, traces can sometimes be detected for weeks after they have stopped using marijuana.


CRIME: Possession of marijuana is a crime. It is unlawful for any person  knowingly or intentionally to posses a control dangerous substance unless such substance was obtained directly, or pursuant to a valid prescription or order from a practitioner. Marijuana is a schedule one drug.


PUNISHMENT: The offender may be fined up to 1 million dollars and may be imprisoned from 6months to 80 years depending on how many times caught and how much marijuana they have in their possession. An offender may also receive probation at sentencing.

question and answer:

Why do young people use marijuana?

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Raising Up An Alliance of Discerning Luminaries

103 Cottage Drive, Natchez, MS, USA

601-334-5694

question and answer:

What effects does marijuana have on your body?

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Raising Up An Alliance of Discerning Luminaries

103 Cottage Drive, Natchez, MS, USA

601-334-5694

question and answer:

What is the penalty for possession of marijuana?

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Raising Up An Alliance of Discerning Luminaries

103 Cottage Drive, Natchez, MS, USA

601-334-5694

possession and use of illegal drugs

Mississippi Code 41-29-139

  Drug possession and sale penalties: Mississippi categorizes controlled substances into five schedules based on their potential for abuse and accepted medical use. Penalties are more severe for drugs in lower schedules and for larger quantities. Marijuana

  • First-offense possession (less than 30 grams) is a misdemeanor with a fine of $100–$250.
  • Subsequent offenses within two years lead to increased fines and jail time.
  • Felony possession (more than 30 grams) carries fines and prison time that increase with the quantity of marijuana involved.
  • Sale or intent to sell is a felony offense with escalating penalties based on the amount. 

Schedule I & II drugs: These include heroin, cocaine, methamphetamine, fentanyl, and most opioids. All offenses involving these substances are felonies. 

  • Simple possession carries penalties ranging from one year in jail and a $1,000 fine for very small amounts to three to 20 years in prison and up to a $500,000 fine for larger amounts.
  • Trafficking in Schedule I or II substances can lead to 10–40 years in prison and fines up to $1 million, with a 10-year mandatory minimum sentence.
  • Aggravated trafficking (involving 200 grams or more, excluding marijuana) results in a mandatory minimum sentence of 25 years up to life in prison. 

Schedule III, IV, and V drugs: These include prescription medications like codeine, Valium, and Xanax. 

  • Simple possession of these substances without a valid prescription is a felony, with escalating penalties based on the quantity.
  • Sale or intent to sell also carries felony charges, with penalties increasing with the amount. 

Drug paraphernalia offenses

  • Possession of paraphernalia is a misdemeanor, punishable by up to six months in jail and a $500 fine.
  • Sale of paraphernalia is also a misdemeanor, with penalties that double if the sale is to a minor.  

Drug-Free Zones

  • Committing a drug offense within 1,500 feet of a school, church, or other designated area can double the incarceration period and fines. 

Diversion and expungement programs

  • Drug Court: For non-violent offenders with a history of substance abuse, Drug Court can offer an alternative to incarceration. Successful completion can lead to the dismissal and expungement of charges.
  • First-time offenders: Judges have the discretion to defer judgment and place first-time offenders on probation. Completing the terms can lead to a case dismissal and expungement.
  • Felony expungement: Under certain conditions, some non-violent felony convictions can be expunged after a five-year waiting period, as long as the offense was not drug trafficking. 

Explain how a person can be sentenced for committing one of these crimes?

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Raising Up An Alliance of Discerning Luminaries

Raising Up An Alliance of Discerning Luminaries - Disturbing the Peace

 In Mississippi, disturbing the peace is a misdemeanor offense that involves conduct causing or likely to cause a breach of public peace, such as violent or loud behavior, profane language, or intimidation. Penalties for a conviction can include a fine up to $500, up to six months in county jail, or both.  


 What is considered disturbing the peace in Mississippi? According to the Mississippi Code (Title 97, Crimes § 97-35-15), disturbing the public peace can include actions such as: 

  • Violent, loud, insulting, profane, indecent, offensive, or boisterous conduct or language: in public.
  • Conduct that is calculated to provoke a breach of the peace: or that actually leads to a breach of peace.
  • Intimidation: of others.

Potential Penalties If convicted of disturbing the peace in Mississippi, a defendant can face: A fine of up to $500, Up to six months in county jail, and A combination of both. Important Considerations

  • Misdemeanor offense: Disturbing the peace is classified as a misdemeanor in Mississippi. 
  • Supplementary provisions: The laws concerning disturbing the peace are in addition to other applicable statutes. 
  • Examples: Common examples include shouting in public, starting a fight, or playing loud music late at night, especially if it continues after a warning. 

question and answer

In your own words explain the crime and punishment of disturbing the peace.

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Raising Up An Alliance of Discerning Luminaries

103 Cottage Drive, Natchez, MS, USA

601-334-5694

Raising Up An Alliance of Discerning Luminaries

Raising Up An Alliance of Discerning Luminaries -Burglary

 In Mississippi, burglary is the act of unlawfully entering a building or structure with the intent to commit a crime inside. This intent is key; the crime doesn't have to be successful for a burglary charge to be brought. Burglary is a felony offense, and penalties can be severe, especially if the entry is into a dwelling, with sentences potentially reaching up to 25 years. Key Elements of Burglary
To prove burglary in Mississippi, the prosecution must establish the following elements: 

  1. Breaking and Entering: This involves gaining entry into a structure without permission, which can be by force or even by deception, such as pretending to be someone else to gain entry. It can also occur if you are lawfully in a building and then break into an inner door or a prohibited area.
  2. Intent to Commit a Crime: At the time of entering, the person must have had the intent to commit a crime, such as theft, assault, or another felony. 

Distinction from Other Crimes

  • Burglary vs. Larceny:Burglary requires the unlawful entry into a structure, while larceny (theft) does not. 
  • Burglary vs. Trespass:Criminal trespass is simply entering or remaining on someone's property without permission, but it lacks the criminal intent to commit a crime, making burglary a more serious offense. 

Factors Influencing Severity
The penalties for burglary can vary based on the specifics of the crime, including: 

  • Whether the burglary occurred in a dwelling versus another type of structure.
  • If the offender was armed with a weapon.
  • Whether the crime was committed at night. 

  

question and answer

In your own words explain the crime and punishment of Burglary.

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Raising Up An Alliance of Discerning Luminaries

103 Cottage Drive, Natchez, MS, USA

601-334-5694

Raising Up An Alliance of Discerning Luminaries

Raising Up An Alliance of Discerning Luminaries -Simple Assault

  In Mississippi, simple assault involves attempting to cause or causing bodily injury to another, negligently causing injury with a deadly weapon, or placing another in fear of imminent serious bodily harm. For a first offense, penalties can include a jail sentence of up to six months, a fine up to $500, or both. However, simple assault can become a felony under certain circumstances, such as domestic violence charges, or when the victim is a protected class like an elderly person. What constitutes simple assault

  • Bodily injury: Intentionally or knowingly causing bodily harm, or negligently causing bodily injury with a deadly weapon. 
  • Threat of injury: Using physical menace to instill fear of imminent, serious bodily harm in another person. 
  • Physical action: Acts like pushing someone during an argument or swinging a fist in anger, even if it doesn't connect, can qualify. 

Potential penalties

  • First offense: A fine up to $500, or imprisonment in the county jail for up to six months, or both. 

When simple assault becomes a felony
Simple assault can be elevated to a felony in situations such as: 

  • Domestic violence:Simple assault committed against a current or former spouse, or certain other family members or dating partners, can become a felony. 
  • Protected victims:Assaulting a person over the age of 65 can be treated as a felony. 
  • Prior convictions:Subsequent simple domestic violence convictions can lead to felony charges. 

Factors to consider

  • Aggravating factors: The presence of aggravating factors, such as the use of a weapon or targeting a vulnerable person, can increase penalties. 
  • Legal counsel: Consulting an experienced criminal defense attorney is crucial, as every case is unique and defenses like self-defense may be available. 

 

question and answer

In your own words explain the crime of Simple Assault.

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Raising Up An Alliance of Discerning Luminaries

103 Cottage Drive, Natchez, MS, USA

601-334-5694

Raising Up An Alliance of Discerning Luminaries

Raising Up An Alliance of Discerning Luminaries -Disorderly Conduct

 In Mississippi, disorderly conduct is generally a misdemeanor that can result in a fine of up to $500, up to six months in county jail, or both. It includes behaviors like creating a disturbance at a public business through loud talk, threats, or attempts to intimidate, and refusing to comply with a law enforcement officer's lawful order to prevent a breach of the peace. However, more serious actions, such as refusing to comply with an officer's order and causing injury or death, can elevate the charge to a felony with penalties of up to five years in the state penitentiary and a fine of up to $2,000. Misdemeanor Disorderly Conduct (Mississippi Code § 97-35-13) 

  • What it is: Creating a disturbance in a public place of business.
  • Examples of conduct: Loud and offensive talk, making threats, attempting to intimidate.
  • Punishment: A fine of up to $500, up to six months in county jail, or both.

Disorderly Conduct by Refusal to Comply (Mississippi Code § 97-35-7) 

  • What it is: Refusing to comply with a law enforcement officer's order, request, or command to prevent a breach of the peace. 
  • Punishment: A fine of up to $500 or imprisonment in the county jail for up to six months, or both. 

Felony Disorderly Conduct

  • What it is: In specific cases, if a person refuses to comply with a police officer's order, and their actions result in injuries or death, it can be a felony offense. 
  • Punishment: A prison sentence of up to five years and a fine of up to $2,000. 

Factors that can affect a charge:

  • Location: Whether the conduct occurs at a public business or another public place. 
  • Intent: The person's intent to cause a disturbance or breach the peace. 
  • Consequences of Actions: Whether the conduct leads to injury or death. 
  • Alcohol or Drugs: While not a direct element of the crime, intoxication can contribute to the conduct and may be mentioned in the prosecution's case. 

question and answer

In your own words explain the crime of Disorderly Conduct.

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Raising Up An Alliance of Discerning Luminaries

103 Cottage Drive, Natchez, MS, USA

601-334-5694

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