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Criminal Law Keyed to Kadish
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State v. Guminga
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D is a restaurant owner. In the course of an undercover operation, D’s employee was caught serving liquor to a minor and was charged under a Minn. Statute which imposes vicarious criminal liability on an employer whose employee serves intoxicating liquor to a minor. D was not aware of and did not consent to the employee’s actions. D moved to dismiss the complaint on the basis that the vicarious liability statute, which imposes automatic liability on an employer for an employee’s actions, violates the due process clauses of the 5th and 14th Amendments.
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