Legal Question in Criminal Law in California

Legal for parents to serve alcohol to kids at home?

B&P 25658.(a) ''every person who sells, furnishes, gives... any alcoholic beverage to any person under the age of 21 years is guilty of a misdemeanor.''

Does the above mean parents cannot serve small amounts of alcohol to their own children in their own home?

Alameda High School (http://www.alameda.k12.ca.us/alameda/handbook/page51.html) says yes. ''If adults serve or permit alcohol or drugs to be served to minors at a home party, the parents (or adults responsible) can be charged with misdemeanor (contributing to the delinquency of a minor), whether the children are their own or friends of their children.''

Menlo School (www.menloschool.org/msa/safeteens/safeteens.pdf) says no. It is against the law in California to serve alcoholic beverages or permit alcoholic beverages to be served in your home to anyone under age 21. The only exceptions are serving alcohol to an immediate family member or as part of a religious ceremony.''

Is there a dependable answer? Thanks much.


Asked on 8/19/02, 12:20 am

1 Answer from Attorneys

Michael Cortson Law Office of Michael D. Cortson, Esq.

Re: Legal for parents to serve alcohol to kids at home?

Have you heard of ZERO TOLERANCE? Give the kids nothing.

Read more
Answered on 8/19/02, 12:39 am


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