Hello, I have a question about beer parties that I hope many of you can answer. Not that i'm planning anything. ::cough cough:: But does anyone know if its illegal to have a underage social gathering where alcoholic beverages are served within a new york state college campus? i tried to google for this info but it didn't work out so well.
Interesting topic about underage drinking
- Thread starter drunkard
- Start date
Is it though? I thought that minors just couldn't purchase alcohol.
I thought one's parents or something could give their child alcohol in their home.
Regardless, if the cops want to be dicks, I'm prety sure that there is a charge they could stick you with.
actually, its not illegal for a minor to comsume alcohol in NY. But i'm not sure about the laws pertaining to having a booze related social gathering with a bunch of minors. Anybody here from NY who knows more about laws than I do?
Sure, in their house under "normal" circumstances. An officer of the law could determine that the alcohol was detrimental to the minors and their health and then charge the parents/adults.
Minors can be given a citation for under age drinking here.
Yes.
Its illegal. You can get in serious trouble.
But all uni parties have underage drinking. Just depends on if they get busted. Heck, some of my college days BATF would bust 4-5 parties in saturday night hauling 100s of kids away by the truckload.
ever hear of an MIP...minor in possession? same as if you're holding a beer for someone who's tying their shoes. you can be arrested on the spot
i'm talking about stony brook.
i found this site: http://www2.potsdam.edu/hansondj/YouthIssues/1127406398.html
it says that new york is one of those states that only prohibit the purchasing of alcohol by minors. consuming it is legal.
let's say that i started a booze party within campus and about 50% of the people are minors. And during the party, pictures of us holding the bottles and drinking the stuff down were taken. If those pictures get leaked out, can they be used against me?
The police will most likely write you a citation for underage drinking regardless.
So if you're a minor and you have alcohol, how did you get it? Someone bought it and gave it to you(illegal), or you used a fake/doctored ID (illegal in NYS).
To answer your pictures question.. no most likely you won't get in any heat for that. Unless you're running for public office... oh wait, nevermind that.
Don't worry it dude... its college. I've been to and thrown parties where lots of minors drink. Just don't let anyone do anything stupid to attract the cops, and if they do show up, herd all the underages fools into a closet upstairs. Always worked for me.
So unless someone dies from alcohol posioning or drunk driving, you'll be fine.
so basically, i'm clean as long as no cops (or other officials) catch me in the progress... right?
and it doesn't matter if there are pics of me around the web drinking that stuff down, right?
and it doesn't matter if there are pics of me around the web drinking that stuff down, right?
alkemyst
No Lifer
- Feb 13, 2001
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It depends on state still I believe, but I wouldn't be surprised if all states now charge 'minor possession'.
Here is the details of Monroe County, NY
Issues In NY Criminal Law--Vol. 4, #13©
Issue: New York statutes that concern drinking by minors
Several New York statutes address the issue of underage drinking. Under the Alcohol Beverage Control Law, a person may not sell alcohol to a person under age 21. ABC Law § 65(1).
Unlawfully Dealing with a Child
Similarly, in the Penal Law, the crime of Unlawfully dealing with a child 1st degree bars providing alcohol to a person under 21. Penal Law § 260.20(2).
It is no defense that the child acted as the agent or representative of another person, or that the defendant dealt with the child as such. Penal Law § 260.20(2). A couple of "minor" exceptions: the statute permits giving alcohol "where the tasting or imbibing of alcoholic beverages is required in courses that are part of the required curriculum." Penal Law § 260.20(2); see also, ABC Law § 65(5).
Additionally, the Penal Law ban does not apply to the parent or guardian of the minor.
A related offense, Unlawfully dealing with a child 2nd degree, addresses the situation of a person under age 16 who is present in an establishment where alcohol is provided. It, too, has a parent / guardian exception: no crime occurs if the child is accompanied by a parent, guardian or an authorized adult. Penal Law § 260.21(1)(a). See also, ABC Law § 100(2-b)(a).
Another statute addresses the issue of fake proof. ABC Law § 65-b(5) (suspension of driver license for using fake proof).
Endangering the Welfare of a Child
As noted, the Unlawfully dealing statute is inapplicable to parents or guardians, but inappropriately providing alcohol to a minor by a parent or guardian could constitute another crime, Endangering the welfare of a child. Penal Law § 260.10.
Additionally, a person other than a parent or guardian who provides alcohol to a minor may be prosecuted under the EWOC statute. People v Bergerson, 17 NY2d 398, 271 NYS2d 236 (1966). However, the mere presence of a minor at a party where alcohol is served is insufficient. People v Weyrick, 55 Misc2d 1063, 287 NYS2d 715 (City Ct 1968).
An adult who drives under the influence of alcohol with children as passenger may be prosecuted for EWOC. People v Cruz, 152 Misc2d 436, 576 NYS2d 978 (City Crim Ct 1992).
Driving by minors
New York State has a "zero tolerance" policy for drivers under age 21 who drink. Even if not charged criminally, a minor with a .02 - .07% blood alcohol count faces administrative hearing and sanctions. Veh & Traf L §§ 1192-a, 1194-a. A minor with a higher BAC may face criminal charges.
A 2002 enactment, called "Sean's Law," is perhaps similar to the "prompt suspension" law. The new statute authorizes judges to immediately suspend at arraignment the junior driver license or learner permit of a person under age 18 who is charged with DWAI or DWI, even without a blood alcohol reading. Courts are also required to notify parents or guardians if a youth fails to appear on a DWI or DWAI charge. Veh & Traf L § 1193(2)(e),(f). The new statute is effective December 23, 2002.
Unlawful Possession of Alcohol
The Alcohol Beverage Control Law also weighs in on possession with intent to consume alcohol by minors. Unlawful possession of alcohol by a minor is prohibited under § 65-c.
The ABC statute is curious in a few respects. First, it directs that the accused be issued a summons, but does not authorize an arrest. § 65-c(3). Second is the punishment provided by the statute. It is one of the few statutes that sets a maximum amount of "community service": no more than 30 hours. See also ABC Law § 65-b(2)(b),(c). One decision also holds that the statute defines a civil offense and that therefore a conditional discharge is not a permitted disposition. People v Ekman, 185 Misc2d 905, 715 NYS2d 138 (Co Ct 2000).
Civil Liability
New York law provides a cause of action for personal or property damage resulting from intoxication or impairment of a person under 21. Gen Obl L §11-100; see also, Britton v Noe, 275 AD2d 1002, 715 NYS2d 201 (4th Dept 2000) (youth who was intoxicated assumed risk).
QUOTATION:
Where there's smoke, there's a smoke machine."
John F. Kennedy
SLANGUAGE:
AAB Administrative adjudication bureau. Administrative forum for convicting drivers of traffic infractions. Discovery and due process are circumvented and circumscribed in this setting. Vehicle and Traffic Law § 225. Handling a Criminal Case in New York § 1:30.
Gary Muldoon is a member of the Assigned Counsel panel in Monroe County author of Handling a Criminal Case in New York (West Group 2006). Call 1-800-328-4880 or contact the West Group website at www.west.thomson.com. Cost of the soft cover edition is $168.00. Gary is also author of Criminal Law in New York, 4th Edition (West Group 1999-2002).
Criminal Law Slanguage of New York, by G. Edward Murray and Gary Muldoon, is published by Gould Publications. Price: $17.95. Contact www.gouldlaw.com or 1-800-747-6502.
Gary Muldoon
144 Exchange Boulevard
Rochester, NY 14614
(585) 262-5130
Copyright 1999-2005 by Gary Muldoon
Here is the details of Monroe County, NY
Issues In NY Criminal Law--Vol. 4, #13©
Issue: New York statutes that concern drinking by minors
Several New York statutes address the issue of underage drinking. Under the Alcohol Beverage Control Law, a person may not sell alcohol to a person under age 21. ABC Law § 65(1).
Unlawfully Dealing with a Child
Similarly, in the Penal Law, the crime of Unlawfully dealing with a child 1st degree bars providing alcohol to a person under 21. Penal Law § 260.20(2).
It is no defense that the child acted as the agent or representative of another person, or that the defendant dealt with the child as such. Penal Law § 260.20(2). A couple of "minor" exceptions: the statute permits giving alcohol "where the tasting or imbibing of alcoholic beverages is required in courses that are part of the required curriculum." Penal Law § 260.20(2); see also, ABC Law § 65(5).
Additionally, the Penal Law ban does not apply to the parent or guardian of the minor.
A related offense, Unlawfully dealing with a child 2nd degree, addresses the situation of a person under age 16 who is present in an establishment where alcohol is provided. It, too, has a parent / guardian exception: no crime occurs if the child is accompanied by a parent, guardian or an authorized adult. Penal Law § 260.21(1)(a). See also, ABC Law § 100(2-b)(a).
Another statute addresses the issue of fake proof. ABC Law § 65-b(5) (suspension of driver license for using fake proof).
Endangering the Welfare of a Child
As noted, the Unlawfully dealing statute is inapplicable to parents or guardians, but inappropriately providing alcohol to a minor by a parent or guardian could constitute another crime, Endangering the welfare of a child. Penal Law § 260.10.
Additionally, a person other than a parent or guardian who provides alcohol to a minor may be prosecuted under the EWOC statute. People v Bergerson, 17 NY2d 398, 271 NYS2d 236 (1966). However, the mere presence of a minor at a party where alcohol is served is insufficient. People v Weyrick, 55 Misc2d 1063, 287 NYS2d 715 (City Ct 1968).
An adult who drives under the influence of alcohol with children as passenger may be prosecuted for EWOC. People v Cruz, 152 Misc2d 436, 576 NYS2d 978 (City Crim Ct 1992).
Driving by minors
New York State has a "zero tolerance" policy for drivers under age 21 who drink. Even if not charged criminally, a minor with a .02 - .07% blood alcohol count faces administrative hearing and sanctions. Veh & Traf L §§ 1192-a, 1194-a. A minor with a higher BAC may face criminal charges.
A 2002 enactment, called "Sean's Law," is perhaps similar to the "prompt suspension" law. The new statute authorizes judges to immediately suspend at arraignment the junior driver license or learner permit of a person under age 18 who is charged with DWAI or DWI, even without a blood alcohol reading. Courts are also required to notify parents or guardians if a youth fails to appear on a DWI or DWAI charge. Veh & Traf L § 1193(2)(e),(f). The new statute is effective December 23, 2002.
Unlawful Possession of Alcohol
The Alcohol Beverage Control Law also weighs in on possession with intent to consume alcohol by minors. Unlawful possession of alcohol by a minor is prohibited under § 65-c.
The ABC statute is curious in a few respects. First, it directs that the accused be issued a summons, but does not authorize an arrest. § 65-c(3). Second is the punishment provided by the statute. It is one of the few statutes that sets a maximum amount of "community service": no more than 30 hours. See also ABC Law § 65-b(2)(b),(c). One decision also holds that the statute defines a civil offense and that therefore a conditional discharge is not a permitted disposition. People v Ekman, 185 Misc2d 905, 715 NYS2d 138 (Co Ct 2000).
Civil Liability
New York law provides a cause of action for personal or property damage resulting from intoxication or impairment of a person under 21. Gen Obl L §11-100; see also, Britton v Noe, 275 AD2d 1002, 715 NYS2d 201 (4th Dept 2000) (youth who was intoxicated assumed risk).
QUOTATION:
Where there's smoke, there's a smoke machine."
John F. Kennedy
SLANGUAGE:
AAB Administrative adjudication bureau. Administrative forum for convicting drivers of traffic infractions. Discovery and due process are circumvented and circumscribed in this setting. Vehicle and Traffic Law § 225. Handling a Criminal Case in New York § 1:30.
Gary Muldoon is a member of the Assigned Counsel panel in Monroe County author of Handling a Criminal Case in New York (West Group 2006). Call 1-800-328-4880 or contact the West Group website at www.west.thomson.com. Cost of the soft cover edition is $168.00. Gary is also author of Criminal Law in New York, 4th Edition (West Group 1999-2002).
Criminal Law Slanguage of New York, by G. Edward Murray and Gary Muldoon, is published by Gould Publications. Price: $17.95. Contact www.gouldlaw.com or 1-800-747-6502.
Gary Muldoon
144 Exchange Boulevard
Rochester, NY 14614
(585) 262-5130
Copyright 1999-2005 by Gary Muldoon
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