"Specific" statutes explicitly address underage drinking parties, by making reference to the words "party," "gathering," "open house," "hosting" and similar terms in the language of the provision with respect to property owned, leased, or otherwise controlled by the social host.  "General" statutes prohibit individuals from allowing or permitting underage drinking on their properties generally, without reference to parties, gatherings or some similar term. "General" laws have a broader scope than underage drinking parties (e.g., they may also prohibit adults from allowing minors to consume alcohol in settings other than the adult's home), but are applicable to the underage drinking party context.    

2.   Action by Underage Guests: 

This variable identifies the specific underlying activity by underage guests that will trigger a violation under a statute establishing State-imposed liability for hosting underage drinking parties.  APIS codes the following actions for this variable:

·        Possession

·        Consumption

·        Intention (to possess or consume)

If more than one action is listed, any one of them is sufficient to establish a violation.

3.   Property Type: 

Jurisdictions vary regarding the types of property covered by statutes that establish State-imposed liability for hosting underage drinking parties. 

·        Residence: A residence owned, leased, or otherwise controlled by the social host

·        Outdoor: Outdoor property owned, leased, or otherwise controlled by the social host

·        Other: Other property, which may include a shed, garage, or other outbuilding owned, leased, or otherwise controlled by the social host, or else a hotel or motel room, campground, or other public site

4.   Knowledge Standard:

The statutes reviewed for this policy topic set varying thresholds for hosts' knowledge or action regarding an underage drinking party on property they control. Liability is imposed by the State only if this "knowledge standard" is satisfied. For coding, APIS uses the following categories derived from basic concepts of criminal law:

·        Overt Act - the host must have actual knowledge and commit an act that contributes to the occurrence

·        Knowledge - the host must have actual knowledge; no action is required

·        Negligence - the host knew or should have known of the event's occurrence (in legal terminology this is referred to as "constructive knowledge")

For statutes that do not explicitly specify the level of knowledge required for a social host offense, wording such as "permit an underage person to consume alcohol on property he controls" has been interpreted to require at least negligence (constructive knowledge) in accordance with standard legal interpretation. Statutes that condition liability on a social host having actual knowledge of an underage party's existence generally do not specify precisely what elements of the offense must be known (e.g., whether a party is taking place, whether participants are underage, whether alcohol is served). 

5.   Preventive Action Negates Violation:

In some jurisdictions, preventive action by the social host may negate State-imposed liability.  For these jurisdictions, a row note or jurisdiction note specifies whether preventive action constitutes an affirmative defense or whether absence of preventive action is an element of the offense.  (An affirmative defense must be established by a defendant in order to avoid liability; an element of the offense is something the prosecution must prove in order to establish the defendant's guilt.)   A checkmark in this column indicates that preventive action by the social host can negate State-imposed liability.

6.   Exceptions to Underage Guest Requirement (Exceptions): 

Jurisdictions have varying exceptions in their statutes for family members or others, or for other uses or settings involving the handling of alcoholic beverages.  APIS codes the following exceptions to the Underage Guest requirement:

·        Family members

·        Residents or members of same household