Is it Legal for a Non-Custodial Parent to Give Alcohol to a Minor Child

Full question:

Is it legal for a non-custodial step parent to give a minor (age 13) alcohol? If the answer is no, what are the steps to prosecute?

• Category: Criminal
• Date: 04/07/2025
• State: Texas

Answer:

The following is a TX statute:

§ 106.04. CONSUMPTION OF ALCOHOL[0] BY A MINOR[0].

(a) A minor[0]
commits an offense if he consumes an alcoholic beverage.

(b) It is an affirmative defense to prosecution under this
section that the alcoholic beverage was consumed in the visible
presence of the minor's[0] adult parent, guardian, or spouse.

(c) An offense under this section is punishable as provided
by Section 106.071.

(d) A minor[0] who commits an offense under this section and
who has been previously convicted twice or more of offenses under
this section is not eligible for deferred disposition. For the
purposes of this subsection:

(1) an adjudication under Title 3, Family Code, that
the minor[0] engaged in conduct described by this section is
considered a conviction of an offense under this section; and

(2) an order of deferred disposition for an offense
alleged under this section is considered a conviction of an offense
under this section.