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GARCIA v. DIST. CT.

No. 37472.

30 P.3d 1110 (2001)

Brandee GARCIA, Misty Noel Herrera, Pam Munk, Donald Stephens, and Darrell R. Carden, Petitioners, v. The SIXTH JUDICIAL DISTRICT COURT of the State of Nevada, In and For the COUNTY OF PERSHING, and the Honorable Jerry V. Sullivan, District Judge, Respondents, and The State of Nevada, Real Party in Interest.

Supreme Court of Nevada.

September 12, 2001.

Attorney(s) appearing for the Case

Steve E. Evenson, Lovelock, for Petitioners.

Frankie Sue Del Papa, Attorney General, Carson City; Belinda B. Quilici, District Attorney, and Jim C. Shirley, Deputy District Attorney, Pershing County, for Real Party in Interest.

Before the Court En Banc.

OPINION

PER CURIAM:

We are asked today to interpret NRS 202.055, which proscribes the sale of alcohol to those who are under twenty-one years of age, to determine whether the phrase "knowingly... [s]ells ... an alcoholic beverage to any person under 21 years of age" requires proof of either actual or constructive knowledge of the purchaser's age. We conclude that actual or constructive knowledge of the purchaser's age is a required element of the...

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