Though state laws vary a great deal, one of the rules that do apply across the board is that no one under the age of 21 can drink or buy alcohol legally. If someone sells an alcoholic beverage to a minor, then they would be committing a crime, no matter the state. But then state laws do vary a good deal on how the charges and penalties would go from there. Read on to learn more about these charges and how you can defend against them.
First of all, the statute prohibiting the sale of alcohol to a minor means more than actually selling alcohol. It is illegal to provide alcohol to a minor in any way, even if no money is involved. Even throwing a party at your house where alcohol is everywhere could get you in trouble if a minor is able to get some drinks. Even if it was an adult who purchased the alcohol, they would still be violating the law if they then handed that drink to a minor. As a note, there is no difference between a minor and an "underage person". Both refer to adults who are younger than 21 years old and juveniles younger than 18 years old.
One area where state laws differ is how to confirm a minor's age. Some states say that a seller of alcohol has to examine the purchaser's ID card, while some states further mandate that the purchaser write out a declaration of age. One defense against a charge of selling alcohol to a minor is that the seller went through all the necessary steps to card a teen. Unfortunately, in other states, even if a seller followed protocol, this would not be a defense. Selling alcohol to a minor is a crime, period. In some states, however, if the sale was made erroneously, such as being duped by fake ID, this would mean a lighter sentence.
In some states, parents or legal guardians are allowed to furnish their children with alcohol in a home setting when they are with them. Some laws permit children to use alcohol when it is for medical reasons or a religious rite.
Usually speaking, selling alcohol to minors is a misdemeanor offense. The exact sentences one could receive upon conviction would vary greatly, again, depending on a state's laws. One part of the sentence could be time in jail or prison. This could as much as a year in jail, or perhaps no incarceration whatsoever. It will depend on the context of the case itself. What is often a part of a sentence are fines, which again can vary a good deal, and can go as high as several thousand dollars.
Sometimes, instead of jail time, probation will be given. Or it could be added onto a jail sentence. Probation could last six to 12 months in most scenarios, and part of the terms of probation will be to report on a frequent basis to a probation officer. There will be a great deal of other terms to abide by, which if they are violated, could result in the person being sent to jail to serve out the rest of the sentence. Establishments that sell alcohol have to do so with a state liquor license. This license could be lost if the organization sells alcohol to a minor, whether it is on purpose or not. Now if the sale was done without knowing the person was a minor, then the penalties exacted on the license could be difference, for example, there could simply be fines.
If you or someone you know faces this charge, then it is imperative that you fight this as soon as possible. Find the criminal defense attorney you need on our directory today!
