Pennsylvania Consolidated Statutes

75 Pa. Cons. Stat. § 6312 (2026)

Liquor or malt or brewed beverages.

✓ current as of May 2026

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§ 6312. Liquor or malt or brewed beverages.

(a) General rule.--In an action or proceeding under this title or as provided in subsection (b) in which a material element of the offense is that a substance is liquor or a malt or brewed beverage, all of the following apply:

(1) Chemical analysis is not required to prove that the substance is liquor or a malt or brewed beverage.

(2) Circumstantial evidence is sufficient to prove that the substance is liquor or a malt or brewed beverage.

(b) Evidence presented by defendant.--Notwithstanding subsection (a), nothing shall prevent a defendant from presenting evidence that the substance is not liquor or a malt or brewed beverage.

(c) Applicability.--The provisions of subsection (a) shall apply to proceedings under Titles 18 (relating to crimes and offenses) and 42 (relating to judiciary and judicial procedure) and under the act of April 12, 1951 (P.L.90, No.21), known as the Liquor Code.

(Dec. 18, 1992, P.L.1411, No.174, eff. 60 days)

1992 Amendment. Act 174 added section 6312.

Notes of Decisions

Cited in 2 cases (1 in the last 5 years), 1997–2022 · leading case: Commonwealth v. Oliver, 693 A.2d 1342 (Pa. Super. Ct. 1997).

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Commonwealth v. Oliver, 693 A.2d 1342 (Pa. Super. Ct. 1997). · cites it 2× “That statute, 75 Pa.C.S. § 6312, which is applicable to titles 75, 18, and 42, see 75 Pa.”

Com. v. Baggetta, N. (Pa. Super. Ct. 2022). “However, 75 Pa C.S. §6312 (a), provides, in pertinent part: In an action or proceeding .”

— 75 Pa. Cons. Stat. § 6312(a) — 1 case

Commonwealth v. Oliver, 693 A.2d 1342 (Pa. Super. Ct. 1997). “That statute, 75 Pa.C.S. § 6312, which is applicable to titles 75, 18, and 42, see 75 Pa.”

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