Probably.
This is not a matter of federal law, but of state regulation, which varies from state to state (in some places, people under 21 can legally purchase and consume some forms of alcohol).
Possession of alcohol by those under 21 in California is regulated by Business and Professions Code section 25662, which makes it illegal for such a person to possess alcohol in a public place or on a public street. This would not apply to a home (unless the home was being used for a party open to the public, etc.). It also does not apply to possession for delivery upon direction of a parent or to possession in pursuance of employment.
The only statute I know which regulates consumption is Business and Professions Code section 25658 which makes it illegal for a person under 21 to consume alcohol in an on-sale establishment (i.e., a bar). This also would not apply in a home.
I do note, however, that Business and Professions Code section 25658 not only makes it illegal to SELL alcohol to a person under 21, but also to FURNISH alcohol to such a person. I don't find anything which makes an exception for parents, which makes it appear that if a parent gives a child under 21 alcohol in a private place, the child is not committing an offense, but the parent is. I also cannot find any authority which resolves this question either way.
It seems odd to me that it would be lawful for a person under 21 to possess or consume alcohol in the home, but at the same time it would be illegal for a parent to give the minor the alcohol to possess or consume in the home, so perhaps there is something I am overlooking. This also would appear to put many priests in violation of the law every Sunday. There are no explicit exceptions for furnishing in the home or the church.
Of course, at some point a person under 21 is going to be too young for it to be considered reasonable to be giving the child alcohol, at which point offenses such as child endangerment might be an issue.
2007-06-19 09:32:55
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answer #1
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answered by Anonymous
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Nope. its illegal in all 50 states; it falls under
child endangerment
contributing alcohol to a minor
Negligence.
The ONLY time its legal, is if the alcohol served is part of a religious ceremony (ie wine offered at the altar during church service).
2007-06-19 15:48:54
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answer #2
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answered by arus.geo 7
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The ONLY WAY an American child can legally have access to alcohol is if the parent or legal guardian gives it to them, and is present during consumption.
So, yes.
2007-06-19 15:12:04
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answer #3
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answered by hey_finny 3
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Not such thing is legal, not in California and not any other State in the US for what I know.
2007-06-19 15:07:39
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answer #4
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answered by nena_en_austin 5
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