Provision of Alcohol to Underage Individuals
There are some offenses, such as child sex offenses and homicide offenses, that carry an enormous stigma while some carry almost no stigma at all because a large number of people find the activity socially acceptable. One good example of the latter types of offenses is the crime of smoking marijuana, which actually enjoys such a small stigma in the public eye that organizations have been formed to promote it and some have argued that the prohibition of its use is unconstitutional. A similarly-viewed offense is the crime of providing alcohol to underage individuals.
Tennessee's statute prohibiting selling alcohol to persons not of age or enticing underage individuals to buy alcohol reads as follows:
(a) Except as provided in § 39-15-413:(1) It is an offense for a person to persuade, entice or send a minor to any place where alcoholic beverages, as defined in § 57-3-101(a)(1)(A), or beer, as defined in § 57-5-101(b), are sold, to buy or otherwise procure alcoholic beverages or beer in any quantity, for the use of the minor, or for the use of any other person;
(2) It is an offense for a person to give or buy alcoholic beverages or beer for or on behalf of any minor or to cause alcohol to be given or bought for or on behalf of any minor for any purpose; and
(3) (A) As used in this subdivision (a)(3), "underage adult" means a person who is at least eighteen (18) years of age but less than twenty-one (21) years of age;
(B) It is an offense for any owner, occupant or other person having a lawful right to the exclusive use and enjoyment of property to knowingly allow a person to consume alcoholic beverages, wine or beer on the property; provided, that the owner, occupant or other person knows that, at the time of the offense, the person consuming is an underage adult;
This statute basically prohibits three types of conduct: enticing a minor to buy alcohol, buying alcohol for a minor, or allowing an underage individual to consume alcohol on any piece of property of which you are the owner or the proprietor. Commission of any of these three types of behavior carries a host of penalties:
(d) A violation of subsection (a) is a Class A misdemeanor and, in addition to the penalties authorized by § 40-35-111, the offender shall be sentenced to one hundred (100) hours of community service work. In addition to the penalties established in this subsection (d), the court having jurisdiction over the offender may, in its discretion, prepare and send an order for denial of the offender's driving privileges to the department of safety, driver control division. The offender may apply to the court for a restricted driver license, which may be issued in accordance with the provisions of § 55-50-502. In the event an offender does not possess a valid driver license, the court having jurisdiction over the offender may, in its discretion, increase the offender's sentence to a maximum of two hundred (200) hours of community service work.
If you or someone you know has been charged with this offense, skilled criminal defense representation will be needed in order to avoid facing eleven months and twenty-nine days in jail, loss of one's drivers license, and performing a substantial amount of community service work. Contact an East Tennessee criminal defense attorney to discuss any charges that you are be facing.
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