In State v. Zarrilli, 216 N.J. Super. 231, 523 A.2d 284 (Law Div.1987), aff'd., 220 N.J. Super. 517, 532 A.2d 1131 (App.Div.1987), the defendant was charged with underage consumption of alcoholic beverages as a result of taking one sip of a friend's beer. In discussing the application of the de minimis statute, the court found that "it is public risk that determines what is 'trivial.'" Zarrilli, 216 N.J. Super. at 239, 523 A.2d 284. Factors which may be considered include: (1) the circumstances surrounding the commission of the offense which may reveal an unacceptable social risk and; (2) the existence of contraband. Id. at 240, 523 A.2d 284. The Law Division concluded that the de minimis statute must be read to permit the dismissal of prosecutions ". . . only if society as a whole--'the people'--will be benefitted and protected." Id. at 239, 523 A.2d 284. A dismissal may only occur when the offense is trivial. Id. "The. . . question to be asked . . .in response to a de minimis motion is . . . 'What is the risk of harm to which society is exposed by defendant's conduct?'" Id.