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§ 10-117. Furnishing for or allowing underage consumption

West's Annotated Code of MarylandCriminal LawEffective: July 1, 2023

West's Annotated Code of Maryland
Criminal Law (Refs & Annos)
Title 10. Crimes Against Public Health, Conduct, and Sensibilities
Subtitle 1. Crimes Against Public Health and Safety
Part II. Alcoholic Beverage Violations (Refs & Annos)
Effective: July 1, 2023
MD Code, Criminal Law, § 10-117
Formerly cited as MD CODE Art. 27, § 401A
§ 10-117. Furnishing for or allowing underage consumption
Currentness
Prohibited--Furnishing alcohol
(a) Except as provided in subsection (c) of this section, a person may not furnish an alcoholic beverage to an individual if:
(1) the person furnishing the alcoholic beverage knows that the individual is under the age of 21 years; and
(2) the alcoholic beverage is furnished for the purpose of consumption by the individual under the age of 21 years.
Prohibited--Allowing possession or consumption of alcohol
(b) Except as provided in subsection (c) of this section, an adult may not knowingly and willfully allow an individual under the age of 21 years actually to possess or consume an alcoholic beverage at a residence, or within the curtilage of a residence that the adult owns or leases and in which the adult resides.
Exceptions
(c)(1) The prohibition set forth in subsection (a) of this section:
(i) does not apply if the person furnishing the alcoholic beverage and the individual to whom the alcoholic beverage is furnished:
1. are members of the same immediate family, and the alcoholic beverage is furnished and consumed in a private residence or within the curtilage of the residence; or
2. are participants in a religious ceremony; or
(ii) does not apply to:
1. an instructor while conducting in-class activities when teaching a course or program in enology, fermenting, brewing, or hospitality and tourism at an institution of higher education in accordance with § 1-411 of the Alcoholic Beverages and Cannabis Article; or
2. an institution of higher education, with respect to the in-class activities of the course or program.
(2) The prohibition set forth in subsection (b) of this section does not apply if the adult allowing the possession or consumption of the alcoholic beverage and the individual under the age of 21 years who possesses or consumes the alcoholic beverage:
(i) are members of the same immediate family, and the alcoholic beverage is possessed and consumed in a private residence, or within the curtilage of the residence, of the adult; or
(ii) are participants in a religious ceremony.
Violations
(d) A person may not violate subsection (a) or (b) of this section if the violation involves an individual under the age of 21 years who:
(1) the person knew or reasonably should have known would operate a motor vehicle after consuming the alcoholic beverage; and
(2) as a result of operating a motor vehicle while under the influence of alcohol or while impaired by alcohol, causes serious physical injury or death to the individual or another.

Credits

Added as Art. 2B, § 22-105, by Acts 2002, c. 26, § 4, eff. Oct. 1, 2002. Transferred to Criminal Law § 10-117 by Acts 2002, c. 213, § 1, eff. Oct. 1, 2002. Amended by Acts 2005, c. 268, § 1, eff. Oct. 1, 2005; Acts 2008, c. 565, § 1, eff. Oct. 1, 2008; Acts 2008, c. 566, § 1, eff. Oct. 1, 2008; Acts 2009, c. 499, § 1, eff. Oct. 1, 2009; Acts 2016, c. 513, § 1, eff. Oct. 1, 2016; Acts 2023, c. 49, § 6; Acts 2023, c. 62, § 1, eff. July 1, 2023; Acts 2023, c. 63, § 1, eff. July 1, 2023.
Formerly Art. 27, § 401A.
MD Code, Criminal Law, § 10-117, MD CRIM LAW § 10-117
Current through legislation effective through April 9, 2023, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
End of Document