Criminal
Liability :
NY Penal Law -
In addition to civil liability which may be imposed on an adult who serves or
causes a minor to be served intoxicating liquors, that adult also faces criminal
charges under NY Penal Law section 260.20(4).
Section
260.20 provides:
No. 260.20 Unlawfully dealing with a child.
A person is guilty of unlawfully dealing with a child when:
4. He gives or sells or causes to be given or sold any alcoholic beverages, as
defined by section 3 of the alcohol beverage control law, to a person less then
21 years old...;except that this subdivision does not apply to the parent or
guardian of such person.
Unlawfully dealing with a child is a class B misdemeanor. Class B misdemeanors
carry a possible penalty of up to 90 days in prison and/or a fine of up to
$500.00
Alcoholic
Beverage Control Law;
1.
Alcoholic beverage control law 65-b(1)(c) A court may impose a $100.00 fine
and/or community service and/or require the completion of an alcohol awareness
program on any person who attempts to obtain alcohol with fraudulent proof of
age.
2. Alcoholic Beverage Control Law 65-b(3) A Court may suspend a person's
driver's license for ninety (90) days if the license is altered to attempt to
purchase alcohol.
3. Alcoholic beverage Control Law 65-c A person under the age of 21 who
possesses an alcoholic beverage with the intent to consume such beverage will be
subject to a $50.00 fine. In addition, the alcohol may be confiscated by a
police officer or a peace officer.
YOU CAN BE HELD LIABLE FOR THE ACTS OF YOUR CHILDREN!!!
RESULT
OF THESE PARTIES
Substance abuse
Property damage
Fights
Assaults
Injuries
Underage Drinking
Overdoses
PDO Accidents (DWI)
Larcenies
Noise
Absenteeism (School)
Performance (School)
Family Violence
What
Can the Community do?
The
Fredonia PD and the Fredonia Central School District want to work with members
of our community to continue t ensure that Fredonia remains a safe place for all
our children and adults alike. To avoid the problems that are inherent with
unsupervised parties, we are requesting your cooperation in controlling these
parties.
You can
assist by:
*NOT Allowing this activity in your home.
*NOT putting up with this activit7y in your neighborhood.
*If you know about a planned party, call the Fredonia Police. They will put a
halt to it!
*Call if a problem party is presently taking place - Call 911.
*The Fredonia PD and the Fredonia Central school district want to work with you
to control this problem!!
You may be liable
if :
*Someone is
injured on your property.
*If your neighbor's property is damaged by those attending a party at your home.
*If someone is involved in a motor vehicle accident, injury, or property damage
and obtained any illegal or dangerous substance at your home.
*If there is a fight on your property and someone is injured.
*If a person becomes sick from any substance they obtain on your property.
What can parents
or Guardians do?
Your
children are your responsibility. We are responsible for acts that take place in
our homes. To avoid the possible arrest of our children or ourselves, we must
maintain control.
THE
FOLLOWING SHOULD BE STRICTLY ADHERED TO:
*NO
alcoholic beverages dispensed to underage minors!
*NO Illegal substances allowed in our homes.
*ABSOLUTELY no unsupervised parties.
*Know where your children are and with whom.
*Call parents of any home in which a party is to be held. Receive their
assurance that no alcoholic beverage or illegal substance will be dispensed.
Check out party yourself to see that adult supervision is in fact in place and
that the adult is acting responsibly.
