Cal. Business & Professions Code 25658.2 states, “A parent or legal guardian who knowingly permits his or her child, or a person in the company of the child, or both, who are under the age of 18 years, to consume an alcoholic beverage or use a controlled substance at the home of the parent or legal guardian is guilty of misdemeanor if all of the following occur”:
- The child has a blood-alcohol concentration of 0.05% or greater
- The parent knowingly allows the child to drive a vehicle
- The child causes a traffic collision while driving the vehicle
California, as with many other states, have strict measures that dictate giving alcoholic beverages to minors and the penalties that can result. Everybody knows that it is against the law to give these beverages to anyone under 21. The law states that it is illegal to “sell or provide,” which means that it is not only illegal to sell alcohol to minors, but it is also illegal for anybody (including parents) to provide alcohol to minors. This is relevant in cases that involve house parties.
Mistake of Age
Sometimes, mistake of age becomes a legal defense in a case, especially where fake IDs were present. In many cases, if the seller asks the individual to see their ID and the ID is actually a fake, the seller will not be charged because they reasonably perceived the individual to be over 21 and asked them for the ID believing it to be real. However, if the ID is clearly a fake, then you could still be charged.
Providing alcohol to a minor could have many adverse effects on your life, such as a prison sentence of up to a year. You could also find yourself in the midst of a probation sentence, which could last anywhere from six to 12 months. If you are an establishment that sells alcohol, you could lose your liquor license, which allows you to sell alcohol. This could have drastic effects on a business. Call us today for more information if you have been charged with this crime and so much is at stake. We can help.