Providing Alcohol to a Minor
In Massachusetts, under M.G.L. c. 138, § 34, in order for a person to be convicted of Providing Alcohol to a Minor, the Commonwealth must prove two things beyond a reasonable doubt. First, the Commonwealth must prove that the Defendant had intention to serve or provide alcohol to the person, or at least had knowledge that the person was being served or provided the alcohol on the property. Secondly, the Commonwealth must prove that the Defendant had knowledge that the person was under 21 years of age. A Defendant can be charged criminally if they knowingly supply, give, provide, or allow a person under 21 years of age, except for their children or grandchildren, to possess alcoholic beverages on their premises or property. A Defendant does not have to be the owner of the property to be charged with this crime. If the Defendant does not own the property but was entrusted with the control of the property for a period of time (i.e. a house sitter), they are responsible for what occurs on the premises only during the time that they were entrusted with that control.
Providing Alcohol to a Minor carries the following potential penalties:
- fine of not more than $2,000
- imprisonment for up to one year
- both fine and imprisonment
If you have been charged with Providing Alcohol to a Minor contact our office immediately: