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Statutes Text

Article - Criminal Law




§10–117.

    (a)    Except as provided in subsection (c) of this section, a person may not furnish an alcoholic beverage to an individual if:

        (1)    the person furnishing the alcoholic beverage knows that the individual is under the age of 21 years; and

        (2)    the alcoholic beverage is furnished for the purpose of consumption by the individual under the age of 21 years.

    (b)    Except as provided in subsection (c) of this section, an adult may not knowingly and willfully allow an individual under the age of 21 years actually to possess or consume an alcoholic beverage at a residence, or within the curtilage of a residence that the adult owns or leases and in which the adult resides.

    (c)    (1)    The prohibition set forth in subsection (a) of this section:

            (i)    does not apply if the person furnishing the alcoholic beverage and the individual to whom the alcoholic beverage is furnished:

                1.    are members of the same immediate family, and the alcoholic beverage is furnished and consumed in a private residence or within the curtilage of the residence; or

                2.    are participants in a religious ceremony; or

            (ii)    does not apply to:

                1.    an instructor while conducting in–class activities when teaching a course or program in enology, fermenting, brewing, or hospitality and tourism at an institution of higher education in accordance with § 1–411 of the Alcoholic Beverages and Cannabis Article; or

                2.    an institution of higher education, with respect to the in–class activities of the course or program.

        (2)    The prohibition set forth in subsection (b) of this section does not apply if the adult allowing the possession or consumption of the alcoholic beverage and the individual under the age of 21 years who possesses or consumes the alcoholic beverage:

            (i)    are members of the same immediate family, and the alcoholic beverage is possessed and consumed in a private residence, or within the curtilage of the residence, of the adult; or

            (ii)    are participants in a religious ceremony.

    (d)    A person may not violate subsection (a) or (b) of this section if the violation involves an individual under the age of 21 years who:

        (1)    the person knew or reasonably should have known would operate a motor vehicle after consuming the alcoholic beverage; and

        (2)    as a result of operating a motor vehicle while under the influence of alcohol or while impaired by alcohol, causes serious physical injury or death to the individual or another.



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