Parents Can Face Criminal Charges for Their Teen’s House Party
When teenagers get together at parties, they may get involved with drinking alcohol or smoking marijuana. In some cases, it can even progress into illegal drug use. But when those parties are taking place in a home, the owners of the homes can face criminal charges for allowing those parties to occur. Recently in Westchester, there has been a crackdown on parents where a house party occurs and teens are drinking alcohol.
Penal Law Charges for a Teen House Party
Where a house party occurs and alcohol is consumed by anyone under 21, the owner of the home is at risk of getting into trouble. Under the Penal Law, a person can be charged criminally for giving or selling an alcoholic beverage to a person who is less than 21 years old. Such an offense is an A misdemeanor, meaning the maximum punishment is 364 days in jail. Alternatively, an individual can face probation, alcohol training awareness programming, other conditions set by the court, and fines.
In some circumstances, a parent who hosts an underage drinking party may also be subject to charges under Alcoholic Beverage Control Law § 65(1). Further, a person may be charged with Endangering the Welfare of a Child under Penal Law § 260.10. In the civil realm, pursuant to General Obligations Law §11-100, there is a cause of action for personal or property damage resulting from intoxication or impairment of a person under 21.
Local Laws on a Teen House Party
In addition to Penal Law charges, local jurisdictions may have their own laws relating to serving minors. Indeed, in Westchester County there is an ordinance regarding parties where alcohol is served to minors. Called the Social Host Law, Section 704.04 of the Laws of Westchester County establishes penalties for knowingly allowing a party, gathering, or event where minors are present and alcoholic beverages are consumed by minors. Even where the parent doesn’t provide the alcohol, those parents can still be liable.
For a first violation, a person can receive a fine of $250; it goes up to $500 for a second. However, upon a third or subsequent offense, a violation of Westchester’s Social Host Law gets more serious. The charge becomes a misdemeanor punishable by up to one year in jail and a $1000 fine.
On its website, the Westchester County District Attorney’s Office provides these tips for hosting a party for underage guests:
- Set ground rules before the party with your guests.
- Decide what part of the house will be used for the party. Choose an area where you can maintain supervision.
- Limit party attendance and times.
- Make it very clear that party crashing will not be permitted and that anyone who leaves will not be allowed back in the house.
- Have plenty of food and nonalcoholic drinks available.
- Be prepared to ask guests to leave if they refuse to cooperate with your rules.
- Do not allow anyone under the influence of drugs or alcohol to drive. If necessary, take away their car keys.
When Police Contact You About Your Teen’s House Party
If you’ve been contacted by police about a party in your home, before speaking to anyone you should contact an attorney. The attorneys at Pappalardo & Pappalardo, LLP have handled many such cases recently. Our office can be reached at (914) 725-7000 or info@pappalardolaw.com.
In the event that a minor is in need of medical help due to over-intoxication from alcohol or drugs, don’t delay. Call 911 or your local police department to get the child help right away.
References:
- New York Penal Law § 260.20. Unlawfully dealing with a child in the first degree. Available at: https://www.nysenate.gov/legislation/laws/PEN/260.20 (last accessed Mar. 17, 2025).
- Westchester County District Attorney’s Office, Social Host Laws Aim to Reduce Underage Drinking. Available at: https://www.westchesterda.net/205-crime-prevention/6353-social-host-laws (last accessed Mar. 17, 2025).
Image: Free CC0 image