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Picture this: You’re throwing a party at home, and you crack open a fresh bottle of beer.
Read more Can parents give underage children alcohol at home? What California law says
What’s the harm of giving your underage child a sip?
California has strict alcohol laws aimed at preventing “underage drinking and its associated risks, such as impaired driving, accidents and long-term health issues,” according to Eisner Gorin LLP, a law firm with offices in Encino and Los Angeles.
These laws limit who can buy alcohol, who’s allowed to drink it and where it can be consumed.
Can parents legally give alcohol to kids under 21 at home? What are the potential consequences of providing booze to minors?
Here’s what to know:
What does the law say about giving alcohol to minors?
In the United States, the minimum legal drinking age is 21 years old.
“This means that alcohol cannot be sold to people younger than 21,” the federal Centers for Disease Control and Prevention said.
It’s also illegal to provide people under 21 with alcohol, according to the California Department of Alcoholic Beverage Control.
However, some states offer exceptions when it comes to possessing or drinking alcohol.
More than a dozen states allow minors to consume alcohol in the presence of parents, guardians or spouses, according to the Alcohol Policy Information System.
In most cases, these underage drinkers must be in a private residence or location.
Can parents give underage children alcohol in California?
In a word, no.
California law bans anyone from selling, furnishing or giving alcohol to anyone under 21, according to the California Department of Alcoholic Beverage Control.
These rules apply to parents, guardians and other grownups — even when you’re at home.
Under California law, parents and legal guardians “have the duty to exercise reasonable care, supervision, protection and control over their minor child.”
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“When an adult allows minors to drink inside private homes, it is considered contributing to the delinquency of a minor,” Sgt. Diana Vega, spokesperson for the Fresno Police Department, previously told The Fresno Bee.
Can parents face criminal charges for giving kids booze?
“Most of the time, the police would never know if a parent let their underage child have alcohol,” Gorelick Law Offices in Pleasanton said.
“However, if the child then gets into a car accident after drinking, causing an injury, the parents may face criminal charges,” the law firm explained.
Under California law, a parent or legal guardian who “knowingly permits” any child under age 18 to “consume an alcoholic beverage or use a controlled substance” in their home can be found guilty of a misdemeanor if the child:
- Has a blood-alcohol concentration of 0.05% or greater
- Is under the influence of a controlled substance
- Is allowed to drive a vehicle after leaving the home
- Causes a traffic collision while driving the vehicle
What are the penalties to providing alcohol to minors?
In California, giving alcohol to someone under 21 is a misdemeanor punishable by a $1,000 fine and a minimum of 24 hours of community service, the California Department of Alcoholic Beverage Control said.
You can face stricter penalties if you’re caught giving alcohol to an underage person who “causes great bodily injury or death” to themselves or someone else after drinking it.
In that case, you could face up to a year in county jail a maximum fine of $3,000.
Parents convicted of allowing children under 18 to drink alcohol in their home can face up to a year in jail and $1,000 in fines.
“Even if the parents are not charged or convicted,” they may be “civilly liable for providing alcohol to their child who gets into a car accident,” Gorelick Law Offices said.
Parents can be financially responsible for drunk driving crashes involving underage people if they provided them alcohol.
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