Is my son guilty for being present when a minor was served alcohol?

Full question:

My son was at a friend's house watching football one Sunday afternoon. He is 24 years old and both his friends are 26. While her was there two 14 year olds come in and the one who rents the apartment gave her a drink. The police came up later to ask the renter some questions and smelled the drink on the minor and all three adults were arrested and charged with contributing to the delinquency of a minor. Is my son guilty by being in the wrong place at the wrong time or is he not guilty of the crime?

  • Category: Minors
  • Date:
  • State: Tennessee

Answer:

Under the law, any adult who contributes to or encourages a minor's delinquency can be charged with a Class A misdemeanor. This includes actions like aiding, abetting, or encouraging a minor in delinquent behavior (Tenn. Code Ann. § 37-1-156). If a judge believes someone has contributed to a minor's delinquency, they can order that person to be arrested and brought to court.

Your son’s guilt depends on whether he actively contributed to the situation or merely happened to be present. If he did not encourage or assist in serving the drink to the minor, he may have a defense against the charge. However, legal outcomes can vary based on specific circumstances, so it's advisable to consult with a legal professional for tailored advice.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

Contributing to the delinquency of a minor refers to actions by an adult that aid, encourage, or cause a minor to engage in illegal or delinquent behavior. This can include providing alcohol or drugs to a minor or allowing them to partake in illegal activities. Under Tennessee law, such actions can lead to misdemeanor charges (Tenn. Code Ann. § 37-1-156).