Underage drinking laws prohibit furnishing alcohol to anyone younger than 21. These laws apply to liquor store clerks, bartenders, the 21-year-old friend, and, in many states, parents. While some states allow underage drinking supervised by one's parents, these exemptions from criminal liability come with a host of restrictions. Parents may end up facing criminal and civil liability for their actions, as well as the actions of their intoxicated child.
Is It Legal for a Parent to Allow Their Child to Drink Alcohol?
All states prohibit furnishing alcohol to an underage minor (someone younger than 21) in public. A violation of the law typically carries a misdemeanor penalty. In most states, a misdemeanor means possible jail time up to a year and a fine. If the child is younger than 18, the parent could also be slapped with criminal charges for contributing to the delinquency of a minor. Depending on the state law, this violation can be a misdemeanor or felony.
When it comes to parents allowing their child to drink in private, state laws regarding furnishing alcohol to a minor vary considerably. In some states, it doesn’t matter if the supplier is a parent. Furnishing alcohol to a minor is always illegal. Other states provide exceptions when a parent supplies alcohol to their child in a private location. But even these exceptions come with exceptions.
Can Parents Allow Their Child to Drink at Home?
In approximately half of the states, parents may allow their underage child to drink in a private location—subject to restrictions.
Parental Supervision, Private Location, and More Restrictions
Some states limit this exception to a private residence, while others permit this activity only in the parent's home. Generally, consumption must be supervised by the parent.
Depending on the state’s laws, other limitations that may apply include:
- the child must be at least 18
- the alcohol is limited to light wine or beer
- the amount supplied does not make the child intoxicated, or
- the parent actively supervises the child during and after consumption of alcohol.
Family Relationship; Not Underage Friends
Laws that permit an underage child to drink at home under parental supervision do not extend to underage drinking by the child’s friends. Most states limit the exception for underage drinking to parent and child relationships and, in a few states, family members.
Public Location Not Permitted
None of these exceptions permits parents to allow their child to drink in public. So, a parent cannot buy their underage child an alcoholic drink at a restaurant, even if all the above exceptions apply, because the restaurant is a public location.
Additional Criminal and Civil Consequences When Parents Provide Alcohol to Children
Even if your state permits parents to allow their underage child to drink, this exception only covers so much. Underage drinking can lead to additional criminal behavior, for which the parent may ultimately pay the price.
Contributing to the Delinquency of a Minor
Kids who drink tend to do stupid things, some dangerous. Parents who allow their underage child to drink can face criminal or civil liability for whatever mischief or serious trouble the child gets into while intoxicated.
If you think you're protected because your state permits underage drinking with parental supervision, think again. The law’s protections end when the parent fails to supervise the child. If the child gets into a car or just walks out the door, the parents could be charged with furnishing alcohol to a minor, along with contributing to the delinquency of a minor for whatever happens next.
Say the intoxicated child decides to take off and vandalize the neighbor’s garage door, steal candy from a convenience store, break into the school to commit a prank, or drive drunk, the parent who provided the alcohol and failed to supervise the child can be criminally charged for contributing to this behavior. Some states have laws that specifically impose criminal liability on parents who permit underage drinking that results in some harm. California, for instance, imposes misdemeanor penalties for parents who allow a minor who's been drinking to get behind the wheel and cause an accident. (Cal. Bus. & Prof. Code § 25658.2 (2022).)
Civil Liability or Court Supervision for Parents
Contributing to the delinquency of a minor can also result in civil liability for parents. Parents may be responsible for paying for any damages or injuries incurred by their child’s behavior. A juvenile or family court could also determine that the child is in need of protection or services (given their delinquent status), which could subject the parent to child protection proceedings.
While not covered here, parents who decide to host a party for their underage child and friends could face criminal charges and be civilly liable under a state’s social host laws. Learn more about social host laws here.
Talk to a Lawyer
If you’re facing criminal charges for furnishing alcohol to a minor or related charges, talk to a criminal defense attorney. For more information on underage drinking laws (nationwide), check out the website of the National Institute on Alcohol Abuse and Alcoholism for state laws, policies, and underage drinking statistics.