Alcohol Laws (home, rent, lease)

[HOSK]

Does anyone know if a spouse that is of age is allowed to provide alcohol to a spouse that is under age in the state of Illinois?

[HOSK]

Does anyone know if a spouse that is of age is allowed to provide alcohol to a spouse that is under age?

[illini84]

You cannot provide alcohol to a minor no matter what the circumstances are. But, of course, if you're in your own home with your spouse, who will know

[Drover]

Originally Posted by illini84

You cannot provide alcohol to a minor no matter what the circumstances are.

Not true. Here's the actual language from the statute concerning possession and consumption of alcohol by persons under 21 (§ 235 ILCS 5/6-20):

Sec. 6-20. Any person to whom the sale, gift or delivery of any alcoholic liquor is prohibited because of age shall not purchase, or accept a gift of such alcoholic liquor or have such alcoholic liquor in his possession.

If a licensee or his or her agents or employees believes or has reason to believe that a sale or delivery of any alcoholic liquor is prohibited because of the non-age of the prospective recipient, he or she shall, before making such sale or delivery demand presentation of some form of positive identification, containing proof of age, issued by a public officer in the performance of his or her official duties.

No person shall transfer, alter, or deface such an identification card; use the identification card of another; carry or use a false or forged identification card; or obtain an identification card by means of false information. No person shall purchase, accept delivery or have possession of alcoholic liquor in violation of this Section. The consumption of alcoholic liquor by any person under 21 years of age is forbidden. Whoever violates any provisions of this Section shall be guilty of a Class A misdemeanor.

The possession and dispensing, or consumption by a person under 21 years of age of alcoholic liquor in the performance of a religious service or ceremony, or the consumption by a person under 21 years of age under the direct supervision and approval of the parents or parent or those persons standing in loco parentis of such person under 21 years of age in the privacy of a home, is not prohibited by this Act (emphasis added).

So the answer to the OP's question depends on whether a majority-age spouse stands in loco parentis of the minor spouse for purposes of supervised alcohol consumption in the home. While common sense would suggest the answer is yes, I'm too tired/lazy to find out if there is any case law to that effect. So don't take this as an endorsement of feeding booze to your minor spouse.

[june 7th]

Don't think they can. Legal drinking age is separate law/statute -- irregardless of who is providing the alcohol.

[Drover]

Originally Posted by june 7th

Don't think they can. Legal drinking age is separate law/statute -- irregardless of who is providing the alcohol.

If the legal drinking age is covered by something other than the Liquor Control Act (235 ILCS 5), the relevant part of which I've cited above, including the exceptions EXPLICITLY written into the Act, I'd sure like to know what it is. Care to cite the alternate statute?

[gummybaer61]

Does anyone know what the statutes are for possession of alcohol by a minor for ILLINOIS (for someone who doesn't know the alcohol is in the vehicle when they get in and the car is not thiers and they are not driving and they didn't buy it and it was not open and nobody drank) can they be convicted for possession

[RiverRat1964]

If they cannot prove it isn't theirs, YES....
And as far as one spouse being under age, my wife was 19, and I was 31 when we got together, wasn't married until 2 1/2 yrs after that, and the cops tried getting me for CDM, and her for UAC, Judge threw it out saying that since both names were on the lease, she was an emansipated<(sp?) adult, and that I was her "Guardian"..
If you are on private property, and have a marriage license, the law has NO legal leg to stand on, because you are in parentis of your spouse, want to make sure? Call and ask a lawyer.....