Minor In Possession: Not on Private Property?

[rathi]

After examining California states laws regarding minor in possession of alcohol in California, I have discovered an interesting tidbit. It appears legal for persons under 21 years of age to drink in a private residence. Although drinking in public, possessing alcohol in motor vehicle and purchasing alcohol are all illegal for minors, I could find no prohibition against minors consuming or possessing alcohol on private property.

I link to the CA Business and Professions Code 25662
Business and Professions Code Section 25662 - Minor Possessing Alcoholic Beverage

The relevant section.

Any person under the age of 21 years who has any alcoholic beverage in his or her possession on any street or highway or in any public place or in any place open to the public is guilty of a misdemeanor.

Makes no mention of consumption and none of possession on private residence.

If we take the law at face value, minors in California can consume alcoholic beverages, provided they do so in private.

However, it is possible that I missed an applicable law, or the law has been interpreted in other ways.

 

[rivrrat]

This is a common law in many states, I believe.

At WVU, we used to have these street parties wherein a street was chosen to "host" it and all the houses on that street had alcohol. You just meandered around with your big keg cup and drank your way through the street. We were almost all underage, however even if/when the cops came (and they did) they couldn't touch us as long as we were on private property. We, quite literally, stood on lawn outside of houses drinking right in front of them. The only time they nabbed people was when they tried to make a run for it and cross the street. Being on the street put them on public property and available for arrest for public intoxication.

My parents took advantage of this law as well and allowed myself and my sister to drink occasionally at home. Their thought was that if it wasn't so "taboo" and "forbidden", we wouldn't be so inclined to run out and do it behind their backs. They were right. Neither my sister nor I did much drinking in high school. I think I can only remember once or twice that I did - and that was on prom nights. We had no need or desire to "try out" that stuff at parties. If we *really* wanted to try a mixed drink or something, all we had to do was ask our folks and they would let us *try* one. (not drink and get drunk, but they allowed us a small glass of something if we wanted)

 

[SmilesAndFrowns]

I think you might missing the part were it say the private property is 1: the minors legal guardian or parents property, which are supervising the comsuption of booze or 2: Private property that were the minor is the owner of, on a nationaly recognized holiday. Besides its commi-cali. Really, im not sure if this applies to california.

 

[Caine]

Well. I can't say much for california law, as I don't enforce it.

But in NC, tighter laws were passed in Dec of 2006 which SPECIFICALLY made it a crime to CONSUME alcohol by someone under 21.

Prior to this, law enforcement had to charge the minor for "Possession" since they possessed the alcohol... in their bloodstream. Which is kinda silly if you ask me, and probably didn't fly with most judges.

As I deal with alot of teenage drinking parties when mommy and daddy are in Paris (I work in the wealthy side of town), ive charged this quite a number of times. It would all be dependent upon the size of party it was. If I was called to a house with like 7-8 kids hanging out, and they weren't really tearing up the place or anything like that, I'd just warn them to stay put for the rest of the night and leave em alone..... If I was called to a house where the streets were flooded with cars and you could hear the noise from 150 feet away, I would nab up as many as I could (as of course, they would all flee into the woods and act like fools) and then I would write the alcohol consumption citation after using an alcosensor to determine alcohol. Why the difference is my discretion? Because I don't have a problem with teens drinking if its being done responsibly, in a small group, and not really causing a problem. But Im certain you can understand how a large party with cars blocking the streets and causing a noise issue for the rest of the neighborhood might cause a bit of a problem to someone.

As far as punishment goes, If you are under 19 years old, its a mandatory court appearance and you usually are able to take a substance abuse class that earns you a "prayer for judgement" meaning you aren't credited for the crime. If you are 19 or 20, you can just pay it off like a ticket, or opt for the class as well. 2nd time offenders are fined with no option of taking the class again, etc.



BUT as far as California.
I dunno......

 

[rathi]

Because I don't have a problem with teens drinking if its being done responsibly, in a small group, and not really causing a problem. But Im certain you can understand how a large party with cars blocking the streets and causing a noise issue for the rest of the neighborhood might cause a bit of a problem to someone.

Glad to see that you pointed this out. All too often I see my peers fail to recognize the actual problems with their attempts to party.

I think you might missing the part were it say the private property is 1: the minors legal guardian or parents property, which are supervising the comsuption of booze or 2: Private property that were the minor is the owner of, on a nationaly recognized holiday.

What part of the California code is this section you are referencing in?