How can I be charged with Furnishing Alcohol to a Minor when none of the underage people were charged?

The phrase “two wrongs don’t make a right” is particularly relevant when discussing Furnishing Alcohol to a Minor in Pennsylvania. Just because an underage individual illegally consumes alcohol does not excuse or protect the person who provided it. In fact, under Pennsylvania law, the furnisher of alcohol—the person who supplies, serves, or allows a minor to consume alcohol—can be charged with a misdemeanor, regardless of whether the underage drinker is also charged.

Payment or Consent Does Not Matter

One of the most common misconceptions is that if the minor pays for the alcohol or consents to drinking, the provider is somehow less responsible. This is legally irrelevant. The only question that matters in court is whether the adult furnished, supplied, or permitted the minor to consume alcohol—whether directly, indirectly, or by allowing it to happen on their property or in their home.

Many Penn State students try to avoid charges by claiming that a party was BYOB, but that is NOT a defense.  Allowing underage people to drink in your apartment is considered “furnishing” and thereby can result in charges.  There could be a possible defense that the host did not know the age of the person and thereby did not furnish to a minor.  This possible defense along with others should be discussed with an experienced criminal defense atorney.

Is It Fair?

Many people believe it’s unfair that the underager might avoid serious consequences while the furnisher faces criminal charges. However, the criminal justice system prioritizes the prosecution of the more serious offense: Furnishing Alcohol to a Minor, which is classified as a misdemeanor in Pennsylvania. In contrast, Underage Drinking is typically a summary offense, often resulting in a fine or citation.

Law enforcement and prosecutors often use discretion in deciding which charges to file. In practice, they focus their efforts on the individuals who enabled the conduct, not just those who engaged in it.

Know Your Rights and Responsibilities

Being unaware of the law is not a defense. If you are facing charges or have questions about Furnishing Alcohol to a Minor, it’s important to consult with a knowledgeable criminal defense attorney in Pennsylvania.  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.