Are Parents Held Liable for Underage Drinking Charges?
Jan. 23, 2025
Underage drinking is a serious issue that impacts not only the individuals involved but also the families and communities around them. As our attorney in York, Pennsylvania, Korey Leslie, knows that laws regarding underage drinking are strict, and parents may face significant legal consequences if they allow or fail to prevent their children from drinking.
While the question of parental liability for underage drinking often arises, the answer can vary based on the specifics of the case, including the circumstances surrounding the drinking and the actions of the parents. Here, we’ll explore Pennsylvania’s laws regarding underage drinking and examine whether parents can be held liable for their children’s actions.
What Are Pennsylvania’s Underage Drinking Laws?
Pennsylvania has stringent laws designed to discourage underage drinking. The legal drinking age in Pennsylvania is 21, and individuals under this age are prohibited from purchasing, possessing, or consuming alcoholic beverages.
The law is clear when it comes to the penalties for underage drinking—those caught drinking underage can face fines, mandatory alcohol education programs, and even jail time in some cases.
However, the legal situation becomes more complicated when considering whether a parent can be held liable for their child’s actions. Under Pennsylvania law, it's illegal for anyone to provide alcohol to a minor, including parents.
This is outlined in Title 18 of the Pennsylvania Consolidated Statutes, which states that adults who provide alcohol to individuals under 21 can face criminal charges.
Can Parents Be Held Liable for Providing Alcohol?
In Pennsylvania, parents can be held criminally liable for providing alcohol to their underage children. The law applies to both public and private settings, meaning that even if a parent allows their child to drink at home, they can face charges.
This is particularly concerning for parents who may believe they're helping their children avoid drinking in unsafe or unsupervised environments.
The penalties for providing alcohol to minors can include fines, a criminal record, and possible jail time. In some cases, parents may also be required to attend alcohol-related education programs.
Additionally, if an underage individual causes harm or injury to themselves or others while under the influence of alcohol, the parent could face further legal consequences.
Can Parents Be Held Liable for Allowing Underage Drinking in Their Home?
Many parents may be unaware of the severity of the laws surrounding underage drinking in Pennsylvania, especially when it comes to their own homes.
Some may feel that allowing their children to drink in a controlled environment is safer than letting them drink unsupervised at a party or public gathering. However, Pennsylvania law does not make exceptions for home environments.
If a parent knowingly allows their child or their child’s friends to drink in the home, they could face criminal charges. This includes situations where the parent might not have directly provided the alcohol but was aware that it was being consumed.
Even if a parent is unaware of the drinking taking place, they could still be held responsible if it's determined that they failed to take reasonable steps to prevent it.
Parents have a duty to supervise their children and make sure they aren't engaging in illegal activities, including underage drinking. A parent’s failure to supervise their children properly can lead to serious legal repercussions.
In some cases, a charge of child endangerment could also be added if the child is found to be at risk of harm due to the parent’s inaction.
Civil Liability for Underage Drinking
In addition to criminal liability, parents may also face civil lawsuits related to underage drinking. If a minor causes harm to themselves or others while under the influence of alcohol, the parents who provided the alcohol or allowed the drinking to occur could be sued for damages.
For example, if an underage driver gets behind the wheel after drinking in the home and subsequently causes an accident, the parents could be held financially responsible for any injuries or damages caused by the child’s actions.
These civil suits can be costly and emotionally draining, as the consequences can extend far beyond criminal charges. Parents can be sued for medical expenses, lost wages, pain and suffering, and other damages resulting from their child’s actions.
While criminal charges are brought by the state, civil lawsuits are initiated by the individuals harmed, such as victims of a car accident or property damage.
How Can Parents Protect Themselves from Liability?
Parents can take several steps to protect themselves from liability when it comes to underage drinking. First, they should have a clear understanding of the law and what constitutes illegal behavior when it comes to providing alcohol to minors.
This includes knowing that even if their child consumes alcohol in the home, they can still face criminal and civil consequences.
Parents should also maintain an active role in their children’s lives, setting clear expectations and boundaries around alcohol consumption. Supervising their children’s activities and making sure they aren't drinking with peers in an unsupervised environment can go a long way in preventing any legal issues.
Additionally, if parents are unsure about what steps they can take to avoid liability, it’s a good idea to consult with a criminal defense lawyer. An experienced lawyer can help parents understand their rights and responsibilities under Pennsylvania law and offer guidance on how to avoid potential legal pitfalls.
Legal Defenses for Parents Facing Underage Drinking Charges
When parents are accused of allowing or providing alcohol to minors, there are several potential legal defenses that can be used to challenge the charges. Understanding these defenses can help parents work through the legal process and potentially reduce or eliminate the penalties they face.
Some common defenses that may be raised in underage drinking cases in Pennsylvania:
Lack of knowledge or awareness: One of the most common defenses is that the parent didn't know the alcohol was being consumed by their child or their child's friends. If a parent wasn't present at the time of the drinking or had no knowledge that alcohol was being provided, they may argue that they shouldn't be held criminally liable.
Lack of intent: Pennsylvania law requires that the adult knowingly provides alcohol to a minor for criminal liability to apply. If the parent didn't intentionally provide alcohol to the minor, this could be a potential defense. For instance, if the parent’s child obtained alcohol without the parent's knowledge or permission, this could be used as a defense.
Insufficient evidence: In some cases, the prosecution may not have enough evidence to prove that a parent knowingly allowed or provided alcohol to a minor. If the prosecution's case lacks sufficient evidence or relies on unreliable testimony, a skilled defense attorney may challenge the case based on a lack of evidence.
Reasonable steps to prevent drinking: If a parent can demonstrate that they took reasonable precautions to prevent underage drinking (e.g., having rules in place against alcohol use or supervising the child’s activities), this could be used as a defense. A court may consider the steps taken to prevent illegal activity and reduce the severity of the charges.
No direct involvement in the provision of alcohol: If the parent didn't directly provide alcohol to the minor but the child or their friends obtained it from another source, the parent may argue that they weren't responsible for the provision of alcohol. However, even if the parent didn't supply the alcohol, they could still face charges if they knowingly allowed it to be consumed in their home.
Duress or coercion: In some rare cases, a parent may argue that they were coerced into allowing underage drinking due to external pressures, such as threats or intimidation. While this defense is difficult to prove, it may be considered in extreme circumstances.
Parents facing underage drinking charges should consult with an experienced criminal defense attorney who can assess the specific facts of their case, identify potential defenses, and work to achieve the best possible outcome. A strong defense can make all the difference in reducing or eliminating criminal liability.
Contact a Criminal Defense Attorney Today
If you or someone you know is facing charges related to underage drinking in York, Pennsylvania, as well as Lancaster, Harrisburg, and Camp Hill, we at Korey Leslie, Attorney at Law can provide the support you need. Contact us today to schedule a consultation.