Suzanne said on June 15, 2010  

Wow. This should be interesting.....

 ParatrooperJJ said on June 16, 2010  

Is there another section of code that defines residence as only the structure and not the land?

 Ken Lammers said on June 17, 2010  

When the General Assembly means the residence and land it uses the language "and curtilage thereof."

 TeeJaw said on June 17, 2010  

I can’t believe this statute gives adequate notice of what is permitted and what is prohibited and I don’t think you’ll enjoy trying to convict someone of drinking a beer on their porch. Most people have never heard the word “curtilage” and would spew their beer in your face if they did.

 Ken Lammers said on June 19, 2010  

That statute is very clear and "adequate notice" is pretty much fulfilled by the publication of the statute by the General Assembly. Would I enjoy trying to convict them? It's an easy conviction so I don't see getting any enjoyment or pain from the prosecution. As for the fact that people don't understand the meaning of "curtilage", if that's my worst problem in court I'll be a happy man. People don't know the difference between robberies, burglaries, and larcenies (they use the terms interchangeably) so, if I can still go forward on those cases, I'm pretty sure curtilage will sail through court. And if they spit beer on me, evil prosecutor that I am, I can add an assault and battery charge as well.

 Basil said on February 24, 2011  

It's not so much about getting a conviction in my mind as it is about giving you a hard time.

 NovaKnowledgeNow said on August 15, 2011  

How is this not a violation of our constitutional rights? Where does the law get the right to say they can limit our right of consumption of a legally owned beverage on our own land? Next thing you know they will be putting curfews on us as well, oh wait. The state of Virginia has taken it upon themselves to violate that right as well(for minors). Wouldn't this get overturned?

 NovaKnowledgeNow said on August 15, 2011  

Also, am I reading this correctly? If I'm 20 years old, and my wife is 21, she may purchase alcohol, and serve it to me in my own home legally?

 Ken Lammers said on August 20, 2011  

AS I read the statute that is correct.