Investigative Article

Investigative Report: Furnishing Alcohol to a Minor in Arizona

Underage drinking is a significant problem in the United States. According to the 2019 National Survey on Drug Use and Health, about 7.0 million people aged 12-20 reported drinking alcohol in the past month. Underage drinking can result in several negative consequences, ranging from accidents and injuries to legal problems.

Arizona, like other US states, has put in place laws aimed at preventing underage drinking. In Arizona, providing alcohol to anyone under 21, including parents, is illegal, with no exceptions for private settings. The emphasis is on safeguarding young people’s health and ensuring legal compliance. Violations can attract severe legal consequences, including fines and community service.

What Does the Law Say?

Under Arizona Revised Statutes (ARS) §4-244(9), providing or furnishing alcohol to anyone under the age of 21 is a Class 1 misdemeanor offense. This law applies to everyone, including parents, friends, and strangers. The only exception is when alcohol is given to a minor as part of a religious ceremony or as part of a prescribed medication by a licensed health professional.

In Arizona, minors cannot purchase or possess alcohol, and they cannot buy it for others. Minors cannot consume or handle alcohol in public places, and they cannot act as bartenders or servers in any establishment that serves alcohol. If found guilty of a Class 1 misdemeanor for furnishing alcohol to a minor, parents can receive fines, face probation, community service, and even imprisonment.

Are There Any Defenses?

While the law concerning Alcohol furnishing to minors in Arizona may appear strict, it does provide some defenses against liability. For example, the following may be cited:

The Parent-Child Exclusion

Arizona law (ARS §4-241) allows parents to authorize their own children to consume alcohol on “private property” and under parental supervision. However, this exclusion does not apply to minors who are not children since it is limited to possession and consumption only. Therefore, it is not a defense for parents to provide alcohol to their children's friends, except as allowed by (ARS §4-244(9)(c)). It's also worth noting that despite the authorization given by the parent, they still have civil liabilities concerning accidents and injuries that may happen.

The Entrapment Defense

Entrapment is a legal defense used when law enforcement officials prompt someone to commit a crime they are not predisposed to commit. In Arizona, it can be used as a defense in cases where minors lie about their age with the intention of obtaining alcohol.

However, using the entrapment defense in alcohol furnishing to a minor cases is tricky since the person providing the alcohol must be coerced or encouraged to break the law. Entrapment also requires proving that the minor was not predisposed to drinking alcohol, which can be hard to do.

Penalties for Furnishing Alcohol to Minors in Arizona

The Arizona prosecution takes alcohol furnishing to minors very seriously and can lead to severe consequences. Below are the penalties for different types of alcohol furnishing to minors violations:

First Offense:

Fines of up to $2,500, one year in jail, and 24 hours of community service.

Second Offense:

Fines of up to $3,000, six months in jail, and 30 hours of community service.

Third Offense:

Fines of up to $4,000, six months in jail, and community service of at least 30 hours and up to 30 days.

Conclusion

Although the majority of Arizona's alcohol furnishing to minors cases involve strangers and acquaintances, parents must be aware that they can face severe legal consequences for providing alcohol to their children or their children's friends. Arizona law provides little leeway and highlights the state's strong stance against underage drinking.

If faced with an alcohol furnishing to a minor charge, it is important to hire a skilled and experienced lawyer to seek the best possible outcome. Contacting an attorney quickly will ensure the best possible legal representation.

Furnishing Alcohol to a Minor in Arizona: Defenses- CHM Law