Furnishing Alcohol to Minors

Arkansas' statute regarding furnishing alcohol to any person under 21 years old includes an exception for "family" members, but does not specify which family members. APIS interprets the phrase “family” as including a spouse.

Delaware’s exception includes “members of the same family” and allows furnishing if in the “private home of any of said members.” See Del. Code Ann. tit. 4, § 904. APIS interprets the phrase “members of the same family” as including a spouse.

Kansas has an exception permitting the furnishing by a parent or legal guardian to a child or ward but the exception only applies to cereal malt beverages (defined as any fermented but undistilled liquor brewed or made from malt or from a mixture of malt or malt substitute, but not including any liquor which is more than 3.2 percent ABW).

Maryland's exception allows furnishing of alcohol to minors by members of their "immediate family" when the alcoholic beverage is furnished and consumed "in a private residence or within the curtilage of the residence." APIS interprets the phrase “immediate family” as including a spouse. See Md. Code Ann., Crim. Law § 10-117(c)(1) beginning October 1, 2002, and Md. Ann. Code 1957 art. 27, § 401A(c)(1) prior to October 1, 2002.

Mississippi's Parent/Guardian and Spouse exception applies to those persons at least 18 years old and only for furnishing of light wine or beer.

The parental exception applies to the provision of alcohol in a “nonintoxicating quantity.” In Montana, "intoxicating quantity" is defined as a quantity "sufficient to produce ... a blood, breath, or urine alcohol concentration in excess of 0.05 ... or substantial or visible mental or physical impairment." See Mont. Code Ann. § 16-6-305.

In New Mexico beginning July 1, 2004, furnishing of alcoholic beverages to a person under 21 is specifically allowed when "a parent, legal guardian or adult spouse of a minor serves alcoholic beverages to that minor on real property, other than licensed premises, under the control of the parent, legal guardian or adult
spouse,” or when "alcoholic beverages are used in the practice of religious beliefs." See N.M. Stat. Ann. § 60-7B-1(B).

South Carolina's Parent / Guardian and Spouse exceptions apply when the alcohol is furnished in the home of the spouse or in the home of the parent or guardian. See S.C. Code Ann. §§ 61-4-90, 61-6-4070 and 61-6-4075.

In Texas, a person may purchase an alcoholic beverage for or give an alcoholic beverage to a minor if he is the minor's adult parent, guardian, or spouse, or an adult in whose custody the minor has been committed by a court, and he is visibly present when the minor possesses or consumes the alcoholic beverage.

Prior to July 1, 2005, Virginia’s law allowing any person to keep or possess alcoholic beverages “in his residence for his personal use or that of his family” was not specific to minors and therefore did not meet the criteria for an exception in this policy topic. With the passage of legislation effective July 1, 2005, however, this exception was incorporated in a new underage furnishing provision and now meets the criteria for coding the Parent / Guardian and Spouse exceptions to underage furnishing, when the alcohol is provided by a person “in his residence.”

West Virginia's exception allows relatives by blood or marriage to furnish alcohol to minors.

Wyoming's exception allows members of the minor's "immediate family" to furnish alcohol. APIS interprets the phrase “immediate family” as including a spouse.

Please see Federal Law for this policy topic.