California Penal Code Section 25658
by
Randy Collins on Apr. 13, 2012
Summary: Furnishing Alcohol to a Minor is as its name suggests, when someone has permitted someone under the age of 21 to consume or buy alcoholic beverages. This can either be a parent, a bar, restaurant or club that holds a liquor license, or an adult who provides a child with alcohol.
Definition
Furnishing Alcohol to a Minor under California Penal Code Section 25658, is a criminal offense and it is normally filed as a misdemeanor. Furnishing Alcohol to a Minor is as its name suggests, when someone has permitted someone under the age of 21 to consume or buy alcoholic beverages. This can either be a parent, a bar, restaurant or club that holds a liquor license, or an adult who provides a child with alcohol.
Elements of the Crime
In order to take a Furnishing Alcohol to a Minor CPC 25658 case to trial, certain elements of the crime will have to be proven. This includes either :
· Allowing someone under the age of 21 to buy alcohol, even though you know their age
· Someone under 21 who went out , bought and consumed alcohol on their own
Punishments for CPC 25658
These penalties are to be determined by a judge and he/she will make a decision based on the circumstances surrounding the case.
When found guilty of Furnishing Alcohol to a Minor, it is usually filed as a misdemeanor, but charges vary based on the offense. These charges are based on the following:
1. An adult furnishes alcohol to a child under 21:
Charges include community service and up to one thousand dollars in fines
2. A caregiver, parent or guardian allowing a child under eighteen to consume alcohol:
a. The minor must have been DUI or
b. Caused a casualty while driving
Charges include one year in jail and up to one thousand dollars in fines
3. A child independently buying alcohol:
a. You’re under 21 years of age
b. You bought or drank alcohol
Charges include two hundred and fifty dollars, participation in community service; and perhaps a suspension of a driver’s licenses, as per the judge
4. A liquor license holder sells alcohol to a minor:
Charges include two hundred and fifty dollars, participation in community service; and perhaps a suspension of licenses, as per the judge
Other charges may include fine enhancements for contributing to the delinquency of a minor under CPC 272
Legal Defenses for California Penal Code 25658
A good lawyer can present many legal and valid defenses for Furnishing Alcohol to a Minor charges under California Penal Code 25658 to prove someone’s innocence. MacGregor and Collins is based in Orange County, California, and has successfully defended those who were falsely accused of Furnishing Alcohol to a Minor. Call (949) 250-6097 to speak to a lawyer, should you be on trial for Furnishing Alcohol to a Minor.
Learn more about other California Section Penal Codes here.