My kid wants to party all the time.
New Illinois law punishes adults who allow underage drinking, with penalties up to a felony.
New Illinois law punishes adults who allow underage drinking, with penalties up to a felony.
As spring leads into summer, events like prom, graduation, and summer vacation bring celebrations among youth. Despite the drinking age holding firm at 21, teens still anticipate this privilege. What has changed, however, is the trouble parents and adults over 21 can face if kids under 21 drink on their property. You can now be arrested and charged with a Class A misdemeanor or possibly a Class 4 felony.
The law tightened further with amendments to PA 97-1049, or 235 ILCS 5/6-16. Under subsection (a-1), parents cannot knowingly authorize or permit their child’s underage friends to consume alcohol at their house or on any other property they own.
Subsection (c) expands liability to any person over 21. Adults cannot allow anyone under 21 to be in their home consuming alcohol. Previously, to be charged with a Class A misdemeanor, the law required proof that:
- The adult knew the under-21 person was drinking,
- It wasn’t otherwise permitted by law (such as religious ceremony), and
- The under-21 person left intoxicated and the adult knew about it.
The amendment removed the third requirement. Now, simply throwing a party with alcohol where minors are present could lead to arrest for a Class A misdemeanor. The only exception: if you call the police on your own party before anyone else does.
The law distinguishes between parents and other adults. Section (a-1) does not explicitly prohibit parents from allowing their own child to drink at home. In fact, Section (g) of 235 ILCS 5/6-20 allows minors to consume alcohol “under the direct supervision and approval of the parents or those standing in loco parentis in the privacy of a home.” This raises questions about what counts as “direct supervision.”
There are also exceptions for religious ceremonies and holidays, though St. Patrick’s Day doesn’t qualify. Another exception allows a child to carry alcohol to their parent at the parent’s request.
Under the new amendments, both subsections (a-1) and (c) provide that if underage drinking leads to an accident causing great bodily harm—directly or indirectly—those responsible can be charged with a Class 4 felony.
This law went into effect on January 1, 2013. If you have questions about liabilities or legal risks, call our office today. For the complete statute, see: Public Act 097-1049.
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