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My cousin is 20. He, his girlfriend and a few of his friends ask me to buy them alcohol from time to time. (I'm 24) I have done it in the past when I know they are spending the night and it's only one or two of them, but I don't feel right buying it for a big group of them at someone else's house. They're all pretty responsible and level headed, but I still worry about getting in trouble or causing them to get in trouble. It sucks because I feel like I can't even hang out with them because of the legal issues, even if I'm not the one actually buying the alcohol. So my question is, what is the penalty if they get caught drinking? Would I still be responsible even though they're over 18? Is the fact that I'm over 21 going to get me in trouble just for hanging out with them even if I'm not the one that provides the alcohol?

2007-06-01 19:30:35 · 19 answers · asked by Ms. M 3 in Politics & Government Law Enforcement & Police

Will the police automatically assume I provided it for them because of my age?

2007-06-01 19:35:22 · update #1

Ok. This has convinced me to tell them we can only hang out when we're not drinking. I have plenty of people my own age that I can do that with! But just to make one thing clear, they have NEVER driven when they had been drinking. I am very strict about that. But it's not worth getting in trouble and hopefully after I explain that, they won't put me in an awkward situation by asking me again.

2007-06-01 19:46:20 · update #2

19 answers

If they are under 21 it shouldn't matter whether or not you or they would get into trouble, they shouldn't be drinking period!

2007-06-01 19:36:50 · answer #1 · answered by steracrudy 4 · 5 6

You would get in trouble with the law for providing people underage with alcohol. Even if you did not provide it, and you were just hanging out with them, the person responsible might bail and blame you. It's better not to place yourself in that situation.

You should try to talk them out of doing this at a big party, because it is really indiscreet. Surely they must realize this. If they were truly responsible, they wouldn't be drinking at all. I'm not even talking about the moral issue, because I don't see much of a difference between a 20 yr old and a 21 yr old. But rather a responsible person wouldn't just go breaking the law because it's inconvenient for them. Why aren't they thinking about their own well-being?

Save yourself, too. It's not worth it to get yourself in trouble just so they can get wasted a little sooner.

2007-06-01 19:41:16 · answer #2 · answered by Kestra SpiritNova 6 · 2 0

This is a common problem which many people face in their early 20's. I am a (somewhat young) prosecutor and I have found myself at family events where alcohol was being supplied to my wife's underage siblings. Suffice to say, it's an uncomfortable situation. At some point, they want to go out in public --and for some reason-- what they have in mind always includes me.

For my personal purposes (read: career), I won't hang around underage drinkers in public.

To answer your question, here's the problem: even if you didn't supply the alcohol to the minors that you are hanging around with, you can still be charged with a crime.

In my jurisdiction (your's may be different), an adult who allows persons under 21 to consume alcohol can be charged with the crime of Contributing to the Delinquency of a Minor. This is a gross misdemeanor offense in my state and usually involves jail time upon a conviction.

So my best advice is to stay away from underage drinkers. Even if you didn't supply it, if the police become involved, you will be their target.

2007-06-01 20:02:21 · answer #3 · answered by snowdrift 3 · 1 0

As several poster indicated above, you would be in serious trouble (in some states, charged with a felony) for supplying the alcohol to minors.

The one inaccuracy in the above is that even if you are present and not even drinking and people under 21 are, you can still be charged with contributing to the delinquency of a minor and if there is no one else present over the age of 21, you will be charged and likely convicted for suppying the alcohol to the minors even if you were not the one who purchased it (unless you or your cousin/friends are willing to roll on someone else and their are receipts tracable to the other person).

2007-06-01 19:58:44 · answer #4 · answered by bottleblondemama 7 · 1 0

In most states, it is a crime for anyone less than 21 to possess alcohol. It is also a crime for anyone over 21 to give alcohol to anyone under 21. If you are at someone else's house, you are probable not considered responsible if someone under 21 has alcohol. Depending on the state, you may be held responsible for letting a group of individuals under the age of 21 consume alcohol at your house.

All of the above is said with two cautions. First, the laws on alcohol are primarily made at the state level and the rules do differ from state. Second, most states have the concept of accomplice liability which means that, if you help or encourage someone else to break the law, you can be held to be just as responsible as if you did it yourself. So, if at that party at someone else's house, you told your 20 year old cousin to go get a beer, you theoretically could be charged with a criminal offense.

2007-06-01 19:41:49 · answer #5 · answered by Tmess2 7 · 2 1

Wednesday, June 30, 2004

Alcohol sold, given to minor will be felony starting July 1


Clara Garcia News-Bulletin Staff Writer; cgarcia@news-bulletin.com

An amendment passed by the state legislature and signed into law by the governor will increase the penalty for people who are convicted of giving or selling alcohol to minors starting Thursday, July 1.

The amendment changes the offense of purchasing or furnishing alcohol for anyone under 21 years of age from a misdemeanor to a felony. Adults who provide alcohol to someone underage will now be charged with a fourth-degree felony. If convicted of this crime, a defendant can be punished with a $5,000 fine and/or 18 months in prison.

Along with being arrested and charged with giving or selling alcohol to a minor, offenders may also be charged with contributing to the delinquency of a minor, also a fourth-degree felony.

Detective Sgt. Joe Griego of the Belen Police Department explained that, prior to the change in the law, anyone found giving or selling alcohol to a minor would be given a citation and summoned to court. Now, instead of receiving a citation that was basically the equivalent of a traffic ticket, the offender will be taken into custody, booked and jailed.

"If convicted, a felony will remain on your record and there are stiffer penalties — you can face prison time," Griego said. "Before, when it was a misdemeanor to give or sell alcohol to a minor, police officers had the option to either give them a citation or make an arrest. Now, because it is a felony, we have no choice but to arrest — that's our policy and most departments have that same policy."

2007-06-01 19:45:03 · answer #6 · answered by rucrazy5150 4 · 1 0

At 18, people are old enough to join the military and defend their country but still not old enough to drink, there is a kind of inconsistency there.
If caught providing alcohol to a "minor", you could be in serious trouble, in some states, it is a felony.
You should not get into trouble for hanging out with minors who are drinking when you did not supply the alcohol but some cops will call it aiding and abeting a crime.

2007-06-01 19:47:02 · answer #7 · answered by p_olaris_101 2 · 1 1

Best thing you can do is not buy it for them and if they consume alcohol, stay away. You and them both can get into a lot of trouble. Being 21 , this is legal age, yes you will be looked at as the person contributing to the delinquency of a minor.

2007-06-01 19:41:47 · answer #8 · answered by Anonymous · 1 0

I started drinking in moderation at about 17 when I was dating guys who got it for me. Through college I drank in moderation because it was no big deal to me, as I could get it any time I wanted. I still like to enjoy wine and have mixed drinks with my meals. I have never been drunk. When something is denied to someone, they will indulge the first chance they get at a party. It is safer in moderation. In a way it doesn't affect me, but I would rather have an 18 year old sipping on wine or a margarita at the dinner table then an 18 year old chugging beer and vodka at a party then flying down the highway! We should learn from other countries with no age limit or alchohol deaths and allow parents to teach their kids that alohol is a drink that belongs on the kitchen table paired with the meal, and not a drug that you induldge in to pass out! I would feel safer on the road at night.

2007-06-05 16:56:41 · answer #9 · answered by Karinda T 2 · 1 0

I'm glad you're atleast thinking about the reprocussions instead of taking the "I won't get caught" attitude.

Honestly, if you are feeling uncomfortable around them because of the whole issue (whether because of how they act or how you act), you should probably remove yourself from the situation or talk to them about how you feel about it. If they don't respect you telling them that you are uncomfortable, then they are only using you to get the alcohol, and that's not worth the risk.

And to answer your second part: Yes, you can get a ticket for buying alcohol for them. Sadly my brother(22) has been caught many times for selling/serving alcohol to minors at parties, and it's not cheap, especially if you keep racking up offenses. But you should also warn your cousin about where he drinks because they can also receive an MIP (minor in possesion) ticket. If you're at a noisy party that's disturbing the neighbors you are probably going to have a cop at you front door. As appose to a quiet get-together that won't insight much neighborhood anger.

And as to the last part. If there is a misunderstanding as to whether or not you bought the alcohol for them, I would hope that your cousin and his girlfriend would defend you in the circumstance. If not: it says a lot about them. But most likely you could still hang around them without having to worry about being charged with buying them alcohol as long as you didn't.

I know it's hard to say NO to family and friends, but if you are worried about it, you shouldn't take the risk.

Hope I could help :-).

2007-06-01 19:51:44 · answer #10 · answered by Kelsie C 2 · 1 1

You will get in trouble for furnishing the alcohol, not for hanging out with them. The penalty can be harsh. My advice, don't do it, you stand to loose much more than they do.

Furthermore where alcohol or drugs are concerned, the law loves to shift the blame. If they should happen to do something stupid and someone gets hurt, you will be held responsible, their age doesn't matter.

RE: additional details...
Probably, although you might prove otherwise, you shouldnt be drinking with them.

2007-06-01 19:33:58 · answer #11 · answered by CHEVICK_1776 4 · 3 0

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