Underage Drinking

Prohibitions Against Hosting Underage Drinking Parties

Laws that impose liability against individuals (social hosts) responsible for underage drinking events on property they own, lease, or otherwise control.

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Changes Over Time for Prohibitions Against Hosting Underage Drinking Parties
Jurisdiction Date Range Specific to
Underage
Parties
Action by
Underage
Guest
Property Type Knowledge
Standard
Preventative
Action
Negates
Violation
Exceptions Citations
Res. Outdoor Other Family Resident
Alaska (3804)
1/1/1998 - 9/22/2007      
Alaska (3747)
9/23/2007 - 1/1/2019GeneralPossessionYes  Knowledge Yes 3 Citations
Arkansas (3809)
1/1/1998 - 7/30/2009      
Arkansas (3749)

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.

7/31/2009 - 1/1/2019GeneralConsumptionYesYesYesKnowledge Yes 2 Citations
Connecticut (3812)
1/1/1998 - 9/30/2006      
Connecticut (3752)

The "preventive action" provision in Connecticut requires the prosecution to prove that the host failed to take preventive action.

10/1/2006 - 9/30/2012GeneralPossessionYesYesYesKnowledgeYesYes 3 Citations
Connecticut (3801)

The "preventive action" provision in Connecticut requires the prosecution to prove that the host failed to take preventive action.

Effective October 1, 2012, Connecticut permits prosecution of a person who "knowingly, recklessly, or with criminal negligence" permits a minor to possess alcoholic liquor. See Conn. Gen. Stat. § 30-89a. When a statute specifies more than one level of knowledge that may suffice for a social host offense, APIS codes to the lowest or least demanding of such levels.

10/1/2012 - 1/1/2019GeneralPossessionYesYesYesCriminal NegligenceYesYes 3 Citations
Hawaii (3817)
1/1/1998 - 6/30/2013GeneralPossessionYesYesYesKnowledge Yes 1 Citations
Hawaii (3757)
7/1/2013 - 1/1/2019GeneralPossessionYesYesYesRecklessness Yes 2 Citations
Illinois (3821)

Under 235 Ill. Comp. Stat. 5/6-16(c), prior to its amendment effective January 1, 2013, 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).

1/1/1998 - 12/4/2002SpecificPossession
Consumption
Yes  Knowledge Yes 1 Citations
Illinois (3823)

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.

1/1/1998 - 8/30/2007GeneralPossessionYes  KnowledgeYesYes 
Illinois (3759)

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.

8/31/2007 - 12/31/2012GeneralConsumptionYes  Knowledge Yes 2 Citations
Illinois (3802)

Beginning January 1, 2013, under 235 Ill. Comp. Stat. 5/6-16(a-1), a person commits a social host offense if one is a parent or guardian and permits one's residence, or any other property under one’s control, to be used by an underage invitee of one's child or ward in a manner that violates the statute. An offense is deemed to have occurred if a parent or guardian knowingly authorizes or permits the prohibited use to occur. As of January 1, 2015, Illinois includes any vehicle, conveyance, or watercraft within this offense.

1/1/2013 - 1/1/2019GeneralConsumptionYesYesYesKnowledge Yes 2 Citations
Illinois (3822)

Beginning January 1, 2013, an individual will not be in violation of 235 Ill. Comp. Stat. 5/6-16(c) if he or she requests assistance from a law enforcement agency to help end the possession or consumption of alcohol by persons under the age of 21 in a residence that he or she occupies. This assistance must be requested before any other person makes a formal complaint to a law enforcement agency about the activity.

1/1/2013 - 1/1/2019GeneralPossession
Consumption
Yes  KnowledgeYesYesYes2 Citations
Indiana (3825)
1/1/1998 - 6/30/2014      
Indiana (3760)
7/1/2014 - 1/1/2019GeneralConsumptionYesYesYesKnowledge   2 Citations
Iowa (3818)
1/1/1998 - 6/30/2014      
Iowa (3761)

Iowa's social host statute only applies to possession or consumption by persons under the age of 18. This law does not apply to a landlord or manager of the property.

7/1/2014 - 1/1/2019GeneralPossession
Consumption
YesYesYesKnowledge Yes 1 Citations
Kansas (3826)

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.

1/1/1998 - 6/30/2004      
Kansas (3762)

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.

7/1/2004 - 6/30/2009SpecificPossession
Consumption
YesYesYesKnowledge YesYes4 Citations
Kansas (3800)

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.

7/1/2009 - 1/1/2019SpecificPossession
Consumption
YesYesYesRecklessness YesYes4 Citations
Massachusetts (3829)
1/1/1998 - 8/3/2000      
Massachusetts (3767)
8/4/2000 - 1/1/2019GeneralPossessionYesYesYesKnowledge Yes 2 Citations
Mississippi (3835)
1/1/1998 - 6/30/2011      
Mississippi (3770)
7/1/2011 - 1/1/2019SpecificPossession
Consumption
YesYesYesKnowledge Yes 3 Citations
Missouri (3834)
1/1/1998 - 8/27/2005      
Missouri (3798)
8/28/2005 - 9/14/2005GeneralConsumptionYesYesYesKnowledgeYesYes 
Missouri (3771)
9/15/2005 - 1/1/2019GeneralPossession
Consumption
YesYesYesKnowledgeYesYes 2 Citations
New Hampshire (3840)
1/1/1998 - 4/11/2004      
New Hampshire (3775)

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.

4/12/2004 - 1/1/2019SpecificIntention
Possession
Consumption
YesYesYesOvert ActYesYes 3 Citations
Oklahoma (3848)
1/1/1998 - 10/31/2006      
Oklahoma (3782)
11/1/2006 - 1/1/2019GeneralPossession
Consumption
YesYesYesKnowledge  Yes3 Citations
Rhode Island (3851)
1/1/1998 - 6/27/2006      
Rhode Island (3785)
6/28/2006 - 6/30/2008GeneralConsumptionYes  Knowledge Yes 2 Citations
Rhode Island (3799)
7/1/2008 - 1/1/2019GeneralConsumptionYesYes Knowledge Yes 3 Citations
South Dakota (3853)
1/1/1998 - 6/30/2014      
South Dakota (3787)

The "preventive action" provision in South Dakota allows the defendant to avoid criminal liability by establishing, as an affirmative defense, that immediately upon learning of the illegal consumption, he or she took action to stop the illegal consumption and to secure the contraband alcoholic beverages.

7/1/2014 - 1/1/2019SpecificConsumptionYesYesYesKnowledgeYes  6 Citations
Tennessee (3854)
1/1/1998 - 6/30/2009      
Tennessee (3788)

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

7/1/2009 - 1/1/2019GeneralConsumptionYesYesYesKnowledge   3 Citations
Utah (3856)
1/1/1998 - 5/11/2009      
Utah (3790)

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.

5/12/2009 - 1/1/2019SpecificYesYesYesKnowledge   5 Citations
Wyoming (3862)
1/1/1998 - 6/30/2005      
Wyoming (3796)

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.

7/1/2005 - 1/1/2019SpecificPossession
Consumption
YesYesYesKnowledge   3 Citations