Legal Question in Criminal Law in California

Re: minor in posesstion

Thanks for your posting. It truly depends on the statute that is being used to prosecute. I've listed all the state misdemeanors connected with a minor in possession, but there are many city codes and ordinances that are often used to prosecute as an infraction. Here's the misdemeanor sections, which you can match to the ticket:

Any person providing an alcoholic beverage to a minor under the age of 18 will be contributing to the delinquency of a minor and guilty of a misdemeanor. Penal Code - Section 272

Every person who sells, furnishes, gives or causes to be sold, furnished, or given away, any alcoholic beverage to any person under the age of 21 is guilty of a misdemeanor. Business and Professions Code - Section 25658(a)

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. Business and Professions Code - Section 25662(a)

Any person under the age of 21 years who purchases any alcoholic beverage, or any person under the age of 21 years who consumes any alcoholic beverage, or any person under the age of 21 years who consumes any alcoholic beverage in any on-sale premises, is guilty of a misdemeanor. Business and Professions Code - Section 25658 (b)

No person under the age of 21 years shall knowingly drive any motor vehicle carrying any alcoholic beverage, unless the person is accompanied by a parent or legal guardian. Business & Professions Code - Sec. 23224 (a)

Re: minor in posesstion

Yes, the code section usually used to cite a minor for possession is 25662(a) of the Business and Professions Code which calls for a $250 fine and/or at least 24 hours of community service. For subsequent violations, the punishment can double. I've helped minors avoid conviction, and getting a record at so young an age. If you need my help, you may email me to discuss (see below). Thank You, George Woodworth