This is regarding NY State Law. If a person over 21 is at a party & a person under 21 dies?

Question

this person over 21 was the only one over 21, everyone else was under 21. She claims she wasn't drinking or didn't buy it, but she did know they were drinking, now someone under 21 is dead. What kind of trouble could she be in for?

My x daughter inlaw whose 23 was at a party at a house on a military were shes been staying with another military couple. This morning a 20 yr old soldier was found dead at the house from drinking. My xdaughter was the only one over 21. All the other soldiers and their wives/girlfriends were all under 21. At this time their still investigating. The worst thing is she had my grandaughter there whose only 5. My son has custody but it was her moms visitation weekend. I'm just wondering what might happen next.

Answer 1

Not as much trouble as you will suffer the rest of your life if you cannot make your questions more clear. I am not even sure what you real question is.

If you are asking if the person over 21 can be in trouble then here is the answer. If your statement that she wasn't drinking, she didn't buy it, and didn't know they were drinking, then she is probably clear. But if it was her party or she is lying then she could be in trouble.

The person under 21, what did they die from. Was it as a direct result of drinking at this party?

Answer 2

This is an educated guess, but I am pretty sure that it would depend on the circumstances surrounding the death. If it was someone under 18, there is a big problem, but it appears that the person was at least over 18.

Now, if the person died as a result of the alcohol consumption, which it sounds like, the responsibility would fall to two (or one) people. The person who supplied the alcohol to minors, and then to the person that served that person.

The person who was over 21 really plays no part in what happened, but does look guilty as a result of the situation of minors having alcohol. There would be plenty of record of them making the purchase if they had, including credit card reciepts, atm visits, etc, but I would imagine that a state prosecutor would want there to be criminal charges pressed to the 21 year old at the party.

Also, this would be a completely different situation if the 21 year old was the host of the party at their house. Then, the guilt would automatically fall to her, assuming there were criminal charges pressed. If she was just attending, I think it would be unlikely. No matter what, she should expect questioning from the police, and may have to go to court if the death seems suspicious.

This is all a large guess because your description of the events is a little sparse, and if you add more information to your question, answerers may give you better answers.

******ADDED - I read some of the other answers since answering this, and it is very possible that there could be charges because of negligence, but again it depends on the circumstances surrounding the death, age, etc.

Answer 3

Under New York State law you are responsible for the delinquency of a minor(s) and can be charge with the other persons death if you are 21 or older. Simple you are an adult and know better..... The reason I know this is I have had two friends who were over 21only one got a lesser charge .

Answer 4

This person cannot be responsibilised for the minors simply because he was present at the party. She is not obligated to take any action to stop them from drinking as long as he's had no part in organising the party, getting the drinks, or owning the house or something like that.

Even if she did had a part in the organisation of the party, I don't think she would be accountable for the death, since it is an event that noone could reasonably predict.

Oh, I'm applying general legal theory, I'm not familiarised with NY law specifically.

Answer 5

Delinquency of a minor for one. Well, it would probably depend on if she was the "host" of the party because she would be liable. Now, if it were someone else's party and she was just there, then she may not get in trouble at all. But, the police would definitely be grilling her as to where the beer/liquor came from seeing as how she was the only one there legally old enough to buy it.

Answer 6

Simple answer is none. The person who provided the alcohol could be in serious trouble, ranging from providing alcohol to minors (a fine) to criminally negligent homicide (serious prison time max., but not the death penalty which is not legal in New York, more like 15 years would be the high end depending on how negligent the person is.)

Answer 7

I think it depends on who had the party. I would think that if a party was held at a home of someone under 21 the parent or guardian would be responsible, whether or not they had knowledge of the party. I don't really think that a guest at a party could be held liable unless they admit to buying the liquor for the deceased.

Answer 8

By knowing and permitting she has contributed. She at age 21 is suppose to be the adult and stop the minors from drinking or notify the police.

By being negligent she should be arrested for "Endangering the welfare of a minor. Possibly "Criminal negligent homicide". because the death was caused by her negligence when knowing of a unlawful act.

I would also expect she will also be sued.

Answer 9

If she didnt buy it than corrupting minors,etc. If she bought it than involuntary manslaughter. If she was the only one of legal age their she will get as many counts of corrupting a minor as their were people underage. More than likely she purchased the alcohol also.The money trail and surveillence cameras at the liquor store will be considered.

Answer 10

grew to become into this the guy's domicile, did she invite the individuals to the occasion, did she supply beverages to her visitors? those questions could be spoke back in the previous determining the respond.