New Jersey Section 2C:33-17 – Availability of alcoholic beverages to underaged, offenses

New Jersey’s Law Against Providing Alcohol to Minors

New Jersey has a law, Section 2C:33-17 of the New Jersey Code of Criminal Justice, that prohibits making alcoholic beverages available to individuals under the legal drinking age. This law carries penalties for both underaged individuals who attempt to obtain alcohol and adults who provide it.

What Does the Law Say?

The key parts of 2C:33-17 are:

• It is illegal for an underaged individual to “knowingly possess without legal authority or knowingly consume an alcoholic beverage in any school, public conveyance, public place, or place of public assembly, or motor vehicle.”^[1]
• It is also illegal for an underaged person to lie about their age or use a fake ID to obtain alcohol. ^[1]
• Adults cannot “knowingly, directly or indirectly, offer or serve or make available” alcohol to someone underaged. There are exceptions if it is part of a religious observance or in the presence of a parent. ^[1]
• Adults also cannot “knowingly allow” underaged drinking on their property. There is an exception if the underaged person is accompanied by a parent. ^[1]
• There are escalating penalties for repeat offenses by underaged individuals. ^[1]
• Adults providing alcohol face “a fine of not less than $500 nor more than $1,000, or imprisonment for up to 6 months, or both.”^[1]

So in summary – it’s illegal for minors to possess or consume alcohol, and it’s illegal for adults to provide it to them, with a few narrow exceptions.

What’s the Purpose of This Law?

The goal of 2C:33-17 is to reduce underaged drinking and its associated risks. Research shows that early alcohol use is linked to risky behavior and long-term dependence. ^[2] Some specific concerns include:

• Impaired driving – traffic crashes are a leading cause of death for teens, and about a quarter involve alcohol. ^[3]
• Risky sexual behavior – underaged drinking is associated with unwanted pregnancy and STDs. ^[4]
• Physical and sexual assault – alcohol is often involved when teens perpetrate or are victimized by violence. ^[5]
• Alcohol poisoning – inexperienced drinkers are more susceptible.
• Impact on brain development – alcohol can alter the structure and function of the still-developing adolescent brain.

By deterring underaged drinking through legal penalties, the hope is to prevent these negative consequences. There is evidence that well-enforced legal drinking age laws do reduce hazardous alcohol use and traffic fatalities among teens.

Challenges in Enforcement

Despite the law’s good intentions, there are challenges when it comes to enforcement:

• Underaged drinking remains common – Surveys indicate around 30% of teens drink by 12th grade. Many obtain alcohol through friends or at parties.
• Difficult to police private residences – It’s not easy to detect if parents are allowing underaged drinking at home. Police generally need a warrant or complaint to enter a residence.
• Selective enforcement – Some communities take the law more seriously than others. Wealthier parents or kids on sports teams sometimes get a “pass.”
• Penalties seen as excessive – The $500 to $1,000 fine for adults seems harsh to some. Jail time is rare but still controversial.

Critics argue the law “over-criminalizes” teen behavior and question if strict punishment is the best policy. But others maintain consistent enforcement is key and reduces the mixed messages teens receive.

Legal Defenses and Mitigating Factors

Those facing charges under 2C:33-17 do have some legal defenses:

• Lack of knowledge – For adults, if there is no proof they knowingly provided alcohol, charges can be fought. Teens can argue they didn’t know a drink contained alcohol.
• No possession – Simply being present around alcohol doesn’t constitute possession. The state must prove the underaged actively possessed or consumed the beverage.
• Misidentification – If there is doubt about whether an undercover officer accurately identified a suspect as underaged, the charge could get dismissed.
• Entrapment – This applies if police used coercive tactics to push someone into committing an offense. This is hard to prove.

Mitigating factors like a clean record, good grades, community service, or addiction treatment could also lead to reduced penalties. But the law is strict, and judges have limited discretion.

Ongoing Controversy and Potential Changes

The debate continues around this law and the broader approach to underaged drinking. Some argue that allowing teens to drink small amounts with parents could promote responsible habits. There are also questions about the 21 year old drinking age when teens can vote or join the military at 18.

For now, 2C:33-17 remains in effect. But future proposals could include:

• Lower fines or diversion programs instead of criminal charges for first offenses.
• “Social host” liability laws to allow civil lawsuits against adults who provide alcohol to minors.
• Restorative justice approaches like mandatory education rather than jail time.
• Clearer exceptions for religious ceremonies and families.
• Better enforcement around fake IDs. One study found nearly 60% of underaged drinkers had them.

This law aims to curb dangerous behavior, but the debate continues around finding the right balance of penalties and prevention. The public health risks of early drinking are well established. Yet applying criminal sanctions to such common youth behavior also raises questions. For now, the legal penalties remain severe in New Jersey.

Sources

^[1] http://njlaws.com/2C33-17.html
^[2] https://www.cdc.gov/alcohol/fact-sheets/underage-drinking.htm
^[3] https://www.nhtsa.gov/risky-driving/teen-driving
^[4] https://www.jahonline.org/article/S1054-139X(20)30456-0/fulltext
^[5] https://www.ojp.gov/pdffiles1/ojjdp/224889.pdf