| AK | 1/1/1998 - 9/22/2007 | | | | | | | | | | No Law
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| AK | 9/23/2007 - 1/1/2012 | General | Possession |  | | | Knowledge | | | |  3 citations
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| AR | 1/1/1998 - 7/30/2009 | | | | | | | | | | No Law
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AR
Row Note
| Arkansas's social host provision applies only to a person who is present and in control of the private property at the time the consumption occurs. |
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| 7/31/2009 - 1/1/2012 | General | Consumption | | | | Knowledge | | | | 2 citations
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| CT | 1/1/1998 - 9/30/2006 | | | | | | | | | | No Law
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CT
Row Note
| The "preventive action" provision in Connecticut requires the prosecution to prove that the host failed to take preventive action. |
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| 10/1/2006 - 1/1/2012 | General | Possession | | | | Knowledge | | | | 3 citations
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IL
Juris Note
| Illinois had a specific hosting provision, 235 Ill. Comp. Stat. 5/6-16(c), that was declared unconstitutional by the Illinois Supreme Court on December 5, 2002. See People v. Law, 782 N.E.2d 247 (Ill. 2002). Other hosting provisions remain in effect. |
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Row Note
Until August 31, 2007, under 235 Ill. Comp. Stat. 5/6-16(a-1), a person committed a social host offense if one was a parent or guardian and permitted one's residence to be used by an underage invitee of one's child or ward in a manner that violated the statute.
An offense under 235 Ill. Comp. Stat. 5/6-16(a-1) was deemed to have occurred if a parent or guardian knowingly authorized, enabled, or permitted the prohibited use to occur by failing to control access to either the residence or the alcoholic liquor maintained in the residence. Thus, the "preventive action" provision in Illinois required the prosecution to prove that the host failed to take preventive action.
This preventive action provision was eliminated as of August 31, 2007. The prohibition continues to be limited to parents and guardians. |
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| 1/1/1998 - 8/30/2007 | General | Possession | | | | Knowledge | | | | 1 citation
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IL
Juris Note
| Illinois had a specific hosting provision, 235 Ill. Comp. Stat. 5/6-16(c), that was declared unconstitutional by the Illinois Supreme Court on December 5, 2002. See People v. Law, 782 N.E.2d 247 (Ill. 2002). Other hosting provisions remain in effect. |
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Row Note
| Under 235 Ill. Comp. Stat. 5/6-16(c), it was a Class A misdemeanor for a person to knowingly permit a gathering at the person's residence where a minor unlawfully possessed or consumed any alcoholic beverage and the person then knowingly allowed the minor to leave the gathering in an intoxicated condition. This provision was declared unconstitutional by the Illinois Supreme Court on December 5, 2002. See People v. Law, 782 N.E.2d 247 (Ill. 2002). |
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| 1/1/1998 - 12/4/2002 | Specific | Possession
Consumption | | | | Knowledge | | | | 1 citation
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IL
Juris Note
| Illinois had a specific hosting provision, 235 Ill. Comp. Stat. 5/6-16(c), that was declared unconstitutional by the Illinois Supreme Court on December 5, 2002. See People v. Law, 782 N.E.2d 247 (Ill. 2002). Other hosting provisions remain in effect. |
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Row Note
Until August 31, 2007, under 235 Ill. Comp. Stat. 5/6-16(a-1), a person committed a social host offense if one was a parent or guardian and permitted one's residence to be used by an underage invitee of one's child or ward in a manner that violated the statute.
An offense under 235 Ill. Comp. Stat. 5/6-16(a-1) was deemed to have occurred if a parent or guardian knowingly authorized, enabled, or permitted the prohibited use to occur by failing to control access to either the residence or the alcoholic liquor maintained in the residence. Thus, the "preventive action" provision in Illinois required the prosecution to prove that the host failed to take preventive action.
This preventive action provision was eliminated as of August 31, 2007. The prohibition continues to be limited to parents and guardians. |
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| 8/31/2007 - 1/1/2012 | General | Consumption | | | | Knowledge | | | | 2 citations
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KS
Juris Note
| As of May 24, 2007, Kansas's "unlawful hosting" provision applies to possession or consumption by minors, which is any person under 21 years of age. Prior to May 24, 2007, Kansas's "unlawful hosting" provision only applied to possession or consumption by persons under the age of 18. |
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| 1/1/1998 - 6/30/2004 | | | | | | | | | | No Law
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KS
Juris Note
| As of May 24, 2007, Kansas's "unlawful hosting" provision applies to possession or consumption by minors, which is any person under 21 years of age. Prior to May 24, 2007, Kansas's "unlawful hosting" provision only applied to possession or consumption by persons under the age of 18. |
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| 7/1/2004 - 6/30/2009 | Specific | Possession
Consumption | | | | Knowledge | | | | 5 citations
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KS
Juris Note
| As of May 24, 2007, Kansas's "unlawful hosting" provision applies to possession or consumption by minors, which is any person under 21 years of age. Prior to May 24, 2007, Kansas's "unlawful hosting" provision only applied to possession or consumption by persons under the age of 18. |
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| 7/1/2009 - 1/1/2012 | Specific | Possession
Consumption | | | | Recklessness | | | | 5 citations
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| MA | 1/1/1998 - 8/3/2000 | | | | | | | | | | No Law
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| MA | 8/4/2000 - 1/1/2012 | General | Possession | | | | Knowledge | | | | 2 citations
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| MS | 1/1/1998 - 6/30/2011 | | | | | | | | | | No Law
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| MS | 7/1/2011 - 1/1/2012 | Specific | Possession
Consumption | | | | Knowledge | | | | 3 citations
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| MO | 1/1/1998 - 8/27/2005 | | | | | | | | | | No Law
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| MO | 8/28/2005 - 9/14/2005 | General | Consumption | | | | Knowledge | | | | 1 citation
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| MO | 9/15/2005 - 1/1/2012 | General | Possession
Consumption | | | | Knowledge | | | | 2 citations
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| NH | 1/1/1998 - 4/11/2004 | | | | | | | | | | No Law
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NH
Row Note
| In New Hampshire, an "underage alcohol house party" means a gathering of five or more people under the age of 21 at any occupied structure, dwelling, or curtilage, where at least one person under the age of 21 unlawfully possesses or consumes an alcoholic beverage. A person is guilty of a misdemeanor if he or she owns or has control of the occupied structure, dwelling, or curtilage where an underage alcohol house party is held and he or she knowingly commits an overt act in furtherance of the occurrence of the underage alcohol house party knowing persons under the age of 21 possess or intend to consume alcoholic beverages. The "preventive action" provision in New Hampshire allows the defendant to avoid criminal liability by establishing, as an affirmative defense, that he or she took preventive action with respect to the underage alcohol house party. |
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| 4/12/2004 - 1/1/2012 | Specific | Intention
Possession
Consumption | | | | Overt Act | | | | 3 citations
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| OK | 1/1/1998 - 10/31/2006 | | | | | | | | | | No Law
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| OK | 11/1/2006 - 1/1/2012 | General | Possession
Consumption | | | | Knowledge | | | | 3 citations
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| RI | 1/1/1998 - 6/27/2006 | | | | | | | | | | No Law
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| RI | 6/28/2006 - 6/30/2008 | General | Consumption | | | | Knowledge | | | | 3 citations
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| RI | 7/1/2008 - 1/1/2012 | General | Consumption | | | | Knowledge | | | | 3 citations
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| TN | 1/1/1998 - 6/30/2009 | | | | | | | | | | No Law
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TN
Row Note
| Social host liability in Tennessee is limited to an owner, occupant or other person having a lawful right to the exclusive use and enjoyment of property to knowingly allow an "underage adult" to consume alcoholic beverages, wine or beer on the property . An "underage adult" is defined as a person who is at least 18 years of age but less than 21 years of age. See Tenn. Code Ann. § 39-15-404 |
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| 7/1/2009 - 1/1/2012 | General | Consumption | | | | Knowledge | | | | 3 citations
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| UT | 1/1/1998 - 5/11/2009 | | | | | | | | | | No Law
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UT
Row Note
| In Utah, an individual may not knowingly conduct, aid, or allow an "underage drinking gathering." An “underage drinking gathering” means a gathering of two or more individuals: (a) at which an individual knowingly serves, aids in the service of, or allows the service of an alcoholic beverage to an underage person; and (b) to which an emergency response provider is required to respond, except for a response related solely to providing medical care at the location of the gathering. The definition does not otherwise specify a Property Type or an Action by Underage Guest. |
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| 5/12/2009 - 1/1/2012 | Specific | | | | | Knowledge | | | | 6 citations
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| WY | 1/1/1998 - 6/30/2005 | | | | | | | | | | No Law
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WY
Row Note
| Wyoming's social host statute only applies to possession or consumption by persons under the age of 18. Wyoming has attached a furnishing exception to its social host statute. See Wyo. Stat. Ann. § 6-4-406(b)(i). APIS has not interpreted this provision as providing an exception to the social host prohibition, only to the act of furnishing. |
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| 7/1/2005 - 1/1/2012 | Specific | Possession
Consumption | | | | Knowledge | | | | 3 citations
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