The minor had a Fake ID – Can I be charged with Furnishing Alcohol to a Minor?

Many people believe they can’t be charged with Furnishing Alcohol to Minors in Pennsylvania if the underage person lied about their age or used a fake ID. Unfortunately, the law is a bit more complicated.

Furnishing Charges Under the Pennsylvania Crimes Code — Proof of Knowledge Required

Under 18 Pa.C.S. § 6310.1, it is illegal to furnish alcohol to anyone under the age of 21. However, the Commonwealth must prove that you knew the person was underage to secure a conviction under this section.

In Commonwealth v. Scolieri, the Pennsylvania Supreme Court clearly stated that a conviction for Furnishing Alcohol to a Minor requires evidence that the defendant knew the recipient was under 21.

So, if the underage person:

✅ Lied about their age, and
✅ Provided a fake ID

…that could be a viable legal defense to a Furnishing charge.

However, prosecutors often try to show that the defendant knew the person was underage despite those lies. For example:

The district attorney may argue that you likely knew their true age — and therefore, the fake ID defense wouldn’t apply.

The Liquor Code “Strict Liability” Charge — No Knowledge Required

Here’s where many State College furnishing cases get tricky. In addition to the Crimes Code charge, police often file Unlawful Acts Relative to Liquor under 47 P.S. § 4-493(1).

This charge is different:

⚠️ It does NOT require proof that you knew the person was underage.
⚠️ Even if the person lied or showed a fake ID, you can still be convicted.
⚠️ It’s considered a strict liability offense, meaning if an underage person drank alcohol you provided — regardless of intent — you can be found guilty.

The Liquor Code Furnishing charge is a misdemeanor, and a conviction can carry serious consequences, including:

Charged with Furnishing Alcohol to Minors in State College? Get Legal Help Today.

For a free case review, contact JD Law by email or leave a message at (814) 689-9139. Email is the preferred method of communication, as phone calls are directed to voicemail due to the high volume of spam and unsolicited calls.