Can parents legally give underage kids alcohol at home? Here’s what California law says

Hollywood had to get the idea from somewhere. Teenagers often find their way to alcohol — whether it’s legal or not. But can you as a parent or guardian supply it at home?

Drinking under the age of 21 is prohibited under federal law.

Here’s what California law says about what can happen if parents let kids drink at home:

What is California’s law about giving alcohol to a minor?

Bryce Avalos, spokesperson for the California Department of Alcoholic Beverage Control, said Section 25658 of the California Business and Professions Code makes it completely illegal to provide minors with alcohol.

Section 25658 states, “Any person who sells or gives an alcoholic beverage to a person under the age of 21 is guilty of a misdemeanor.”

Can parents give alcohol to their children in California?

The answer is no.

There is no parental exception to this law, according to the California Department of Alcoholic Beverage.

It is still a crime even if you are only letting your minor child taste alcohol. You and your child would also be guilty of a misdemeanor. The law applies even when you are at home.

“Furnishing alcohol to a minor is a misdemeanor,” Avalos said. “This section applies to all persons who furnish alcohol to a minor including parents.”

What is the penalty for giving alcohol to a minor in California?

Selling, giving, or providing alcohol to a minor is a misdemeanor, according to the California Department of Alcoholic Beverage Control.

For minors who are caught, it is punishable by a mandatory $250 fine and/or 24-32 hours of community service.

According to the department, the community service can be completed at either of the following:

• Alcohol treatment facility

• Drug treatment facility

• County coroner’s office
  
  

For those who are caught giving the minor alcohol, it is also punishable as a misdemeanor.

If the minor drinks the alcohol the results in someone suffering great bodily injury or death, then the penalty for the crime increases.

“It carries a penalty of a $1,000 fine and 24 hours of community service. It is punishable by six months to one year in county jail, a $1,000 fine, or both,” Avalos said.

According to the California Penal Code 272, if the minor was under the age of 18, you could be guilty of contributing to the delinquency of the minor. This could result in a maximum sentence of one year in the county jail and a $2,500 fine.

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