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.

Policy Topics

View another policy topic by selecting an option from the following menu.

Learn More

View definitions for each of the column headings.

Viewing Policies as of Date

Filter

Sort

Show policies in effect any time within the date range specified:

and
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
AK (Alaska)
1/1/1998 - 9/22/2007      
AK (Alaska)
9/23/2007 - 1/1/2018GeneralPossessionYes  Knowledge Yes 3 Citations
AR (Arkansas)
1/1/1998 - 7/30/2009      
AR (Arkansas)

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 - 1/1/2018GeneralConsumptionYesYesYesKnowledge Yes 2 Citations
CT (Connecticut)
1/1/1998 - 9/30/2006      
CT (Connecticut)

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
CT (Connecticut)

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 - 1/1/2018GeneralPossessionYesYesYesCriminal NegligenceYesYes 3 Citations
HI (Hawaii)
1/1/1998 - 6/30/2013GeneralPossessionYesYesYesKnowledge Yes 1 Citations
HI (Hawaii)
7/1/2013 - 1/1/2018GeneralPossessionYesYesYesRecklessness Yes 2 Citations
IL (Illinois)

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 ConsumptionYes  Knowledge Yes 1 Citations
IL (Illinois)

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 1 Citations
IL (Illinois)

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
IL (Illinois)

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 - 1/1/2018GeneralConsumptionYesYesYesKnowledge Yes 2 Citations
IL (Illinois)

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 - 1/1/2018GeneralPossession ConsumptionYes  KnowledgeYesYesYes2 Citations
IN (Indiana)
1/1/1998 - 6/30/2014      
IN (Indiana)
7/1/2014 - 1/1/2018GeneralConsumptionYesYesYesKnowledge   2 Citations
IA (Iowa)
1/1/1998 - 6/30/2014      
IA (Iowa)

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 - 1/1/2018GeneralPossession ConsumptionYesYesYesKnowledge Yes 2 Citations
KS (Kansas)

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      
KS (Kansas)

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 ConsumptionYesYesYesKnowledge YesYes5 Citations
KS (Kansas)

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 - 1/1/2018SpecificPossession ConsumptionYesYesYesRecklessness YesYes5 Citations
MA (Massachusetts)
1/1/1998 - 8/3/2000      
MA (Massachusetts)
8/4/2000 - 1/1/2018GeneralPossessionYesYesYesKnowledge Yes 2 Citations
MS (Mississippi)
1/1/1998 - 6/30/2011      
MS (Mississippi)
7/1/2011 - 1/1/2018SpecificPossession ConsumptionYesYesYesKnowledge Yes 3 Citations
MO (Missouri)
1/1/1998 - 8/27/2005      
MO (Missouri)
8/28/2005 - 9/14/2005GeneralConsumptionYesYesYesKnowledgeYesYes 1 Citations
MO (Missouri)
9/15/2005 - 1/1/2018GeneralPossession ConsumptionYesYesYesKnowledgeYesYes 2 Citations
NH (New Hampshire)
1/1/1998 - 4/11/2004      
NH (New Hampshire)

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 - 1/1/2018SpecificIntention Possession ConsumptionYesYesYesOvert ActYesYes 3 Citations
OK (Oklahoma)
1/1/1998 - 10/31/2006      
OK (Oklahoma)
11/1/2006 - 1/1/2018GeneralPossession ConsumptionYesYesYesKnowledge  Yes3 Citations
RI (Rhode Island)
1/1/1998 - 6/27/2006      
RI (Rhode Island)
6/28/2006 - 6/30/2008GeneralConsumptionYes  Knowledge Yes 3 Citations
RI (Rhode Island)
7/1/2008 - 1/1/2018GeneralConsumptionYesYes Knowledge Yes 3 Citations
SD (South Dakota)
1/1/1998 - 6/30/2014      
SD (South Dakota)

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 - 1/1/2018SpecificConsumptionYesYesYesKnowledgeYes  6 Citations
TN (Tennessee)
1/1/1998 - 6/30/2009      
TN (Tennessee)

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 - 1/1/2018GeneralConsumptionYesYesYesKnowledge   3 Citations
UT (Utah)
1/1/1998 - 5/11/2009      
UT (Utah)

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 - 1/1/2018SpecificYesYesYesKnowledge   6 Citations
WY (Wyoming)
1/1/1998 - 6/30/2005      
WY (Wyoming)

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 - 1/1/2018SpecificPossession ConsumptionYesYesYesKnowledge   3 Citations