Beware of This New Hampshire Law During Prom and Graduation Season: “Facilitating a Drug or Underage Alcohol House Party”

This is an important New Hampshire law to be aware of during prom and graduation season.  This applies to people prosecuted for hosting drug or underage drinking parties.  It is important not to get caught in this net.  Here is the language of the law:

RSA 644:18  (2011)
644:18  Facilitating a Drug or Underage Alcohol House Party.

  I. A person shall be guilty of a misdemeanor if such person owns or has control of the occupied structure, dwelling, or curtilage, where a drug or underage alcohol house party is held and such person knowingly commits an overt act in furtherance of the occurrence of the drug or underage alcohol house party knowing persons under the age of 21 possess or intend to consume alcoholic beverages or use controlled drugs at such drug or underage alcohol house party.

II. It is an affirmative defense to prosecution under this section if a person gives timely notice to a law enforcement official of the occurrence of the drug or underage alcohol house party or engages in other conduct designed to prevent the occurrence of such party, or takes action to terminate such party once underway.

III. In this section, “drug or underage alcohol house party” means a gathering of 5 or more people under the age of 21 at any occupied structure, dwelling, or curtilage, who are unrelated to the person who owns such occupied structure, dwelling, or curtilage or has control thereof, where at least one person under the age of 21 unlawfully possesses or consumes an alcoholic beverage or controlled drug. “Occupied structure” has the same meaning as in RSA 635:1, and “dwelling” and “curtilage” have the same meaning as in RSA 627:9.

IV. The provisions of this section shall not apply to the use of alcoholic beverages at legally protected religious observances or activities, or to those persons using a controlled drug under a physician’s care where the use of the drug is consistent with the directions of a physician.

If you find yourself charged with this crime in New Hampshire feel free to call the Law Offices of Mark Stevens today for a free consultation at 1-603-893-0074, and feel free to visit our main web site http://www.byebyedwi.com

About ByeByeDWI
New Hampshire criminal defense lawyer Mark Stevens. Defending drivers accused of DWI/DUI in all New Hampshire courts. Located in Salem,New Hampshire. Free NH DWI case consultations. Call Attorney Mark Stevens at 1-603-893-0074 today for a free consultation.

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s

%d bloggers like this: