Prohibitions Against Hosting Underage Drinking Parties

It is illegal for individuals of legal drinking age to host underage drinking parties.

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Underage Drinking: Prohibitions Against Hosting Underage Drinking Parties

Social host law is not specifically limited to underage drinking parties. Action by underage guest that triggers violation: Consumption

Property type(s) covered by liability law:

• Residence

• Outdoor

• Other

Standard for hosts' knowledge or action regarding the party:

OVERT ACT - host must have actual knowledge and commit an act that contributes to the occurrence Exception(s):

• Family

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N.J. Rev. Stat. § 2C:33-17

Title 2C - The New Jersey Code of Criminal Justice

Section 2C:33-17 - Availability of alcoholic beverages to underaged, offenses.

Universal Citation: NJ Rev Stat § 2C:33-17 (2021)

2C:33-17 Availability of alcoholic beverages to underaged, offenses.

1. a. Anyone who purposely or knowingly offers or serves or makes available an alcoholic beverage to a person under the legal age for consuming alcoholic beverages or entices or encourages that person to drink an alcoholic beverage is a disorderly person.

This subsection shall not apply to a parent or guardian of the person under legal age for consuming alcoholic beverages if the parent or guardian is of the legal age to consume alcoholic beverages or to a religious observance, ceremony or rite. This subsection shall also not apply to any person in his home who is of the legal age to consume alcoholic beverages who offers or serves or makes available an alcoholic beverage to a person under the legal age for consuming alcoholic beverages or entices that person to drink an alcoholic beverage in the presence of and with the permission of the parent or guardian of the person under the legal age for consuming alcoholic beverages if the parent or guardian is of the legal age to consume alcoholic beverages.

b. A person who makes real property owned, leased or managed by him available to, or leaves that property in the care of, another person with the purpose that alcoholic beverages will be made available for consumption by, or will be consumed by, persons who are under the legal age for consuming alcoholic beverages is guilty of a disorderly persons offense.

This subsection shall not apply if:

(1) the real property is licensed or required to be licensed by the Division of Alcoholic Beverage Control in accordance with the provisions of R.S.33:1-1 et seq.;

(2) the person making the property available, or leaving it in the care of another person, is of the legal age to consume alcoholic beverages and is the parent or guardian of the person who consumes alcoholic beverages while under the legal age for consuming alcoholic beverages; or

(3) the alcoholic beverages are consumed by a person under the legal age for consuming alcoholic beverages during a religious observance, ceremony or rite.

c. For purposes of this section, an alcoholic beverage includes powdered alcohol as defined by R.S.33:1-1.

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