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
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