§ 134.04 AFFIRMATIVE DEFENSE.

   It shall be an affirmative defense to the offenses described in §§ 134.02 and 134.03 that the ethyl alcohol was possessed or consumed by a person under 21 years of age, or furnished to an underaged person, under the following circumstances:

   (A)   While such person was legally upon private property with the knowledge and consent of the owner or legal possessor of such property and the ethyl alcohol was possessed or consumed with the consent of his or her parent or legal guardian who was present during such possession or consumption; or

   (B)   When the existence of ethyl alcohol in a person’s body was due solely to the ingestion of a confectionery which contained ethyl alcohol within the limits prescribed by C.R.S. § 25-5-410(1)(i)(II); or the ingestion of any substance which was manufactured, designed or intended primarily for a purpose other than human ingestion; or the ingestion of any substance which was manufactured, designed or intended solely for medicinal or hygienic purposes; or solely from the ingestion of a beverage which contained less than 0.5% of ethyl alcohol by weight.

(Ord. 11-95, passed 10-25-1995)