1. Any individual knowingly delivering alcoholic beverages to an individual under twenty-one years of age, except as allowed under section 5 -02-06, or to an incompetent or an obviously intoxicated individual is guilty of a class A misdemeanor, subject to sections 5-01-08, 5-01-08.1, and 5-01-08.2. 2. An individual under twenty -one years of age is immune from criminal prosecution under this section if that individual contacted law enforcement or emergency medical services and reported that another individual under twenty -one years of age was in need of medical assistance due to alcohol consumption, provided assistance to the individual in need of medical assistance until assistance arrived and remained on the scene and cooperated with medical assistance and law enforcement personnel on the scene, or was the individual in need of medical assistance. The maximum number of individuals that may be immune for any one occurrence is five individuals. 3. If an individual is convicted of this section for delivering alcoholic beverages to an individual under twenty -one years of age, the court shall consider the following in mitigation: a. After consuming the alcohol, the underage individual was in need of medical assistance as a result of consuming alcohol; and b. Within twelve hours after the underage individual consumed the alcohol, the defendant contacted law enforcement or emergency medical personnel to report that the underage individual was in need of medical assistance as a result of consuming alcohol.
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