39-15-404 - Enticing a child to purchase alcoholic beverages Purchasing of alcoholic beverages for child. - Tennessee Statutes

39-15-404. Enticing a child to purchase alcoholic beverages Purchasing of alcoholic beverages for child.

(a)  Except as provided in § 39-15-413:

     (1)  It is an offense for a person to persuade, entice or send a minor to any place where alcoholic beverages, as defined in § 57-3-101(a)(1)(A), or beer, as defined in § 57-5-101(b), are sold, to buy or otherwise procure alcoholic beverages or beer in any quantity, for the use of the minor, or for the use of any other person;

     (2)  It is an offense for a person to give or buy alcoholic beverages or beer for or on behalf of any minor or to cause alcohol to be given or bought for or on behalf of any minor for any purpose; and

     (3)  (A)  As used in this subdivision (a)(3), “underage adult” means a person who is at least eighteen (18) years of age but less than twenty-one (21) years of age;

          (B)  It is an offense for any owner, occupant or other person having a lawful right to the exclusive use and enjoyment of property to knowingly allow a person to consume alcoholic beverages, wine or beer on the property; provided, that the owner, occupant or other person knows that, at the time of the offense, the person consuming is an underage adult;

          (C)  It is an affirmative defense to prosecution under subdivision (a)(3)(B) that the defendant acted upon a reasonably held belief that the underage adult was twenty-one (21) years of age or older;

          (D)  Subdivision (a)(3)(B) does not apply to consumption or possession of a de minimis quantity of alcohol or wine by an underage adult as permitted by § 1-3-113(b)(2);

          (E)  Nothing in this subdivision (a)(3) shall be construed, in any way whatsoever, to affect:

                (i)  Standards for imposing civil liability on social hosts pursuant to § 57-10-101;

                (ii)  Standards, established pursuant to § 37-1-156(a), for imposing criminal liability on adults who contribute or encourage the delinquency or unruly behavior of a child, as defined in § 37-1-102(b)(4); or

                (iii)  Standards, established pursuant to § 39-11-404, for imposing criminal liability on corporations.

(b)  As used in this section, “minor” means a person under twenty-one (21) years of age.

(c)  It is an affirmative defense to prosecution under this section that any person accused of giving or buying alcoholic beverages or beer for a minor acted upon a reasonably held belief that the minor was of legal age. The belief may be acquired by virtue of the minor making a false statement or presenting false identification that indicates that the minor is twenty-one (21) years of age or older.

(d)  A violation of subsection (a) is a Class A misdemeanor and, in addition to the penalties authorized by § 40-35-111, the offender shall be sentenced to one hundred (100) hours of community service work. In addition to the penalties established in this subsection (d), the court having jurisdiction over the offender may, in its discretion, prepare and send an order for denial of the offender's driving privileges to the department of safety, driver control division. The offender may apply to the court for a restricted driver license, which may be issued in accordance with the provisions of § 55-50-502. In the event an offender does not possess a valid driver license, the court having jurisdiction over the offender may, in its discretion, increase the offender's sentence to a maximum of two hundred (200) hours of community service work.

(e)  If a person engages in conduct that violates this section, as well as any other section, nothing in this section shall be construed to prohibit the prosecution and conviction of the person under this section or any other applicable section.

(f)  Nothing in this section shall be construed to affect the provisions of §§ 57-10-101 and 57-10-102 in any way whatsoever.

[Acts 1989, ch. 591, § 1; 2006, ch. 900, § 1; 2009, ch. 564, § 1.]