How can I be charged with Furnishing Alcohol to Minors when I am underage myself?
Can a Minor Be Charged with Furnishing Alcohol to Another Minor in Pennsylvania?
A common myth in Pennsylvania criminal law is that an underage individual cannot be charged with furnishing alcohol to another minor simply because they are not legally allowed to possess alcohol themselves. However, this belief is incorrect and has been explicitly rejected by Pennsylvania courts.
Pennsylvania Law: 18 Pa.C.S. § 6310.1 – Furnishing Alcohol to a Minor
Under 18 Pa.C.S. § 6310.1, Pennsylvania law makes it clear:
“A person commits a misdemeanor of the third degree if he intentionally and knowingly sells or intentionally and knowingly furnishes, or purchases with the intent to sell or furnish, any liquor or malt or brewed beverages to a person who is less than 21 years of age.”
Notably, the statute uses the word “person” rather than “adult” or “someone over 21.” This broad legal term means any individual—regardless of age—can be prosecuted under this statute.
Pennsylvania Court Case: Commonwealth v. Lawson
This exact issue was raised in the Centre County case of Commonwealth v. Lawson. A defense attorney argued that a minor should not be prosecuted for furnishing alcohol because minors are not legally allowed to possess alcohol.
The Pennsylvania Superior Court rejected the argument, holding that:
The law applies to any “person”, which includes minors;
There is no age-based exemption in the statute for individuals under 21;
Therefore, a minor can legally be charged with Furnishing Alcohol to a Minor.
The court’s decision established that even underage individuals can face misdemeanor charges for providing alcohol to others who are also under 21.
Penalties for Furnishing Alcohol to a Minor in PA
Being convicted of furnishing alcohol to a minor is a misdemeanor of the third degree, which can result in:
A permanent criminal record
Fines up to $2,500
Jail time of up to one year
Driver’s license suspension
Negative impact on college enrollment, scholarships, and job opportunities
These penalties apply regardless of whether the person furnishing the alcohol is 21 or underage.
Get Legal Help from a State College Alcohol Offense Attorney
If you or your child has been charged with Furnishing Alcohol to a Minor in Centre County or the surrounding areas, it’s critical to speak with an experienced criminal defense attorney right away. These charges can have long-term consequences, especially for students and young adults.
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.