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R. Bruce Manchester & Associates

Pennsylvania Non-Vehicular Alcohol Offenses


CARRYING A FALSE IDENTIFICATION CARD
A person commits a summary offense for a first violation and a misdemeanor of the third degree for subsequent violations if they, being under 21, possesses an identification card falsely identifying that person by name, age, date of birth or photograph as being 21 years of age or older or obtains or attempts to obtain liquor or malt or brewed beverages by using the identification card of another or by using an identification card that has not been lawfully issued to or in the name of that person who possesses the card.

PENALTIES:
  1st Offense 2nd Offense Subsequent
Fine: 0 - $300 0 - $500 0 - $500
Jail: 0 - 90 days 0 - 1 year 0 - 1 year
License Suspension: 90 days 1 year 2 years


INDUCEMENT OF MINORS TO BUY LIQUOR OR MALT OR BREWED BEVERAGES

A person is guilty of a misdemeanor of the third degree if they hire or request or induce any minor to purchase, or offer to purchase, liquors or malt or brewed beverages from a duly licensed dealer for any purpose.

PENALTIES
  1st Offense 2nd Offense Subsequent Offense
Fine $300 - $2500 $300 - $2500 $300 - $2500
Jail 0 - 1 year 0 - 1 year 0 - 1 year


MANUFACTURE OR SALE OF FALSE IDENTIFICATION CARD

A person commits a misdemeanor of the second degree if they intentionally, knowingly or recklessly manufactures, makes, alters, sells or attempts to sell an identification card falsely representing the identity, birth date or age of another.

PENALTIES
Offense 1 2 3
Fine $1000 - $5000 $2500 - $5000 $2500 - $5000
Jail 0 - 2 years 0 - 2 years 0 - 2 years


MISREPRESENTATION OF AGE TO PURCHASE LIQUOR OR MALT OR BREWED BEVERAGES

A person is guilty of a summary offense for a first violation and a misdemeanor of the third degree for any subsequent violations if they, being under the age of 21 years, knowingly and falsely represent themselves to be 21 years of age or older to any licensed dealer, distributor or other person, for the purpose of procuring or having furnished to them, any liquor or malt or brewed beverages.

PENALTIES
  1st Offense 2nd Offense Subsequent Offense
Fine 0 - $300 0 - $500 0 - $500
Jail 0 - 90 days 1 year 1 year
License Suspension 90 days 1 year 2 years

In addition to any other disposition authorized by law, a first offender may be required to have an alcohol evaluation, complete alcohol education classes and treatment if deemed appropriate. Second and subsequent offenders will be required to undergo an alcohol evaluation and attend education and treatment if deemed necessary.


PURCHASE, POSSESSION OR TRANSPORTATION OF LIQUOR OR MALT OR BREWED BEVERAGES

A person commits a summary offense if they, being less than 21 years of age, attempts to purchase, purchases, consumes, possesses or knowingly and intentionally transports any liquor or malt or brewed beverages.

Whenever a person is convicted or is adjudicated delinquent or is admitted to any preadjudication program, the court, including a court not of record, shall order the operating privilege of the person suspended. Duration of suspension shall be as follows:

PENALTIES
Offense: 1 2 3
Suspension of driving privileges 90 days 1 year 2 years

Any person who does not have a driver's license shall be ineligible to apply for a learner's permit for the time periods specified. If the person is under 16 years of age when they are convicted or adjudicated delinquent or admitted to a preadjudication program, their suspension of operating privileges shall commence upon their 16th birthday for the time periods specified.


REPRESENTING TO LIQUOR DEALERS THAT A MINOR IS OF AGE

A person is guilty of a third degree misdemeanor if they knowingly, willfully and falsely represent to any licensed dealer, or other person, that a minor is 21 years old so that minor will be sold or furnished any liquor or malt or brewed beverage.

PENALTIES
Fine $300 - $2500
Jail 0 - 1 year


SELLING OR FURNISHING LIQUOR OR MALT OR BREWED BEVERAGES TO MINORS

A person commits a misdemeanor of the third degree if they intentionally and knowingly sell or furnish or purchase with the intent to sell or furnish any liquor or malt or brewed beverages to persons less that 21 years of age.

This section does not apply to any religious service or ceremony which may be conducted in a private home or a place of worship where the amount of wine served does not exceed the amount reasonable, customarily and traditionally required as an integral part of the service or ceremony.

PENALTIES:
1st Offense 2nd Offense Subsequent Offense
Fine $1000 - $2500 $2500 $2500
Jail 0 - 1 year 0 - 1 year 0 - 1 year

NEXT - CRIMINAL OFFENSES - MISDEMEANOR

If you have more questions concerning this or any legal topic, please consult an attorney.


From the Offices of:
R. Bruce Manchester & Associates
R. Bruce Manchester, Esquire
124 West Bishop Street
Bellefonte, PA 16823
(814)355-5421


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