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New Year Brings Tougher Penalties for Those Who Provide Alcohol to Minors in Nebraska
A message from
David Partsch & Tim Noerrlinger
Otoe County Attorney's Office
"We need to set a higher standard and have better expectations for our kids. They need to know early - before age 10 - that drinking alcohol is harmful to their health and not acceptable conduct prior to age 21. Even after age 21 binge drinking is extremely dangerous. Parents also should be aware that here in Nebraska a parent or adult host that allows minors to drink alcohol may be held responsible both criminally and civilly for damages.
Any person allowing a minor, under 18, to drink could be charged with "contributing to the delinquency of a minor", a crime punishable by a maximum $1,000 dollar fine and/or one year imprisonment. The same individual hosting a drinking party or providing alcohol for anyone under age 21 could also be charged with procuring alcohol. On both of these crimes, there can be as many counts charged as there are kids drinking. Generally procuring alcohol carries same penalties as outlined for contributing delinquency to a minor.
Now consider if an underage youth is provided alcohol and then causes serious bodily injury or death to another person maybe in a car crash . . . Nebraska criminal law enhances the penalty for procurring alcohol to a Class IIIA Felony, punishable by up to by a maximum $10,000 dollar fine and/or five years imprisonment with a mandatory minimum 30 days imprisonment! Are you willing to roll the dice and assume a minor won't hurt anyone after drinking?
If criminal punishment isn't enough of a deterant, a social host for minors drinking is also on the book civilly for damages. Any person (or their estate) which is injured or has property damaged by an intoxicated minor may bring suit against: the host who allowed the minor to consume alcohol; the person who procurred, or bought, the alcohol for the minor; or the retailer knowingly selling to the minor.
Bottom line: Don't let your kid drink; don't let any kids drink. In addition to harming them, allowing them to drink may harm you too."
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