Possession is prohibited WITH THE FOLLOWING EXCEPTION(S):

• parent/guardian

Consumption is prohibited WITH THE FOLLOWING EXCEPTION(S):

• private residence
• AND parent/guardian

Internal possession is not explicitly prohibited.

Purchase is prohibited, but youth MAY PURCHASE for law enforcement purposes.

Furnishing is prohibited with NO EXCEPTIONS.

Beer: 18 for both servers and bartenders
Wine: 18 for both servers and bartenders
Spirits: 18 for both servers and bartenders

Beer: 18
Wine: 18
Spirits: 18

Provision(s) targeting minors:

• Use of a false ID to obtain alcohol is a criminal offense
• Penalty may include driver's license suspension through an administrative procedure

Provision(s) targeting suppliers:

• It is a criminal offense to lend, transfer, or sell a false ID
• It is a criminal offense to manufacture or distribute a false ID

Provision(s) targeting retailers:

• Licenses for drivers under age 21 are easily distinguishable from those for drivers age 21 and older
• Specific affirmative defense - the retailer inspected the false ID and came to a reasonable conclusion based on its appearance that it was valid

Applies to drivers under age 21.

Type(s) of violation leading to driver's license suspension, revocation, or denial:

• Underage purchase
• Underage possession
• Underage consumption

Use/lose penalties apply to minors under age 21

Authority to impose driver's license sanction

• mandatory

Length of suspension/revocation: 180 days

Illinois has two Social Host laws:

1. Social host law is not specifically limited to underage drinking parties.

   Action by underage guest that triggers violation: Consumption

   Property type(s) covered by liability law:

   • Residence

   Standard for hosts' knowledge or action regarding the party: KNOWLEDGE - host must have actual knowledge of the occurrence

   Exception(s):

   • Family

2. Social host law is not specifically limited to underage drinking parties.

   Action by underage guest that triggers violation: Consumption

   Property type(s) covered by liability law:

   • Other

   Standard for hosts' knowledge or action regarding the party: OVERT ACT - host must have actual knowledge and commit an act that contributes to the occurrence

Notes:
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.

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.

Under 235 Ill. Comp. Stat. 5/6-16(d), a person commits a social host offense by renting a hotel or motel room for the purpose of or with the knowledge that such room be used for the consumption of alcoholic liquor by underage persons.