With the holiday season in full swing, this season heralds department store displays, special holiday programming, and unique family traditions. And for some families, it also heralds the return of college-aged children with insatiable appetites (and laundry!) in tow. That insatiable appetite often includes an appetite for alcohol, which might be difficult to curb during the holidays–especially when surrounded by opportunity and indulgent adults. Remember, though, that it is a crime to indulge in, and to permit, underage drinking.
Underage Drinking in Your Home
The holiday season is full of traditional foods, celebrations, and alcoholic beverages. Whether sipping wine at family gathering or ringing in the New Year with a glass of champagne, alcohol is part of many holiday traditions. However, it is imperative that families limit such traditions to adults and not allow their children (or their children’s friends) to join in the indulgence. While this might sound like a no-brainer, statistics show that the primary source of alcohol for underage drinkers is their family and friends.
While your children’s safety is always of the utmost importance, the upcoming holidays serve as a special reminder regarding underage drinking–especially when you might be caught up in the excitement of your college-aged children’s return home. You might be tempted to include them in alcohol-related traditions, but that would be a mistake, for both legal and safety reasons.
Social Host Law
On January 1, 2013, Illinois’ “Social Host Law” took effect. This law imposes legal liability on adults who knowingly allow underage alcohol consumption in their home. Liability also extends to underage alcohol consumption in the adult’s car or any other private property under his control. This liability applies whether or not the minor is a family member. So if you permit your child or his friends to indulge (or even sample) a glass of wine, champagne or any alcoholic beverage, you could be guilty of a Class A misdemeanor. Punishment would likely include a $500 fine and at least 25 hours of community service. If possible, the service would be performed in an alcohol abuse prevention program.
If the underage drinking results in great bodily harm or death to any person, you could be guilty of a Class 4 felony. For example, if one of your child’s friends drives home while under the influence and causes a car accident, you could be liable under the Social Host Law for any harm that befalls him or a third party. (Keep in mind that a felony conviction can land you behind bars.)
As a parent, you have a special responsibility to protect your children from the dangers of underage drinking. If you violate Illinois’ Special Host Law, there is more than just criminal liability at stake. If you are charged with a Social Host Law violation contact one of our Schaumburg criminal defense attorneys at Glasgow & Olsson today. We can assist those in Chicago and the surrounding area.