Law of the Day: Facilitating a Drug or Underage Alcohol House Party
May 6, 2014 Leave a comment
Prom Season is in the air and preparations under way. Many high-school students may be planning the best after parties of their lives, however, before all the after-prom plans are set be sure to take a look below ↓ at the law in New Hampshire on house parties and their potential penalties. The underage drinking laws in New Hampshire hold some pretty severe penalties and can have harsh consequences.
CHAPTER 644 Breaches of the Peace and Related Offenses
RSA 644:18 (2008)
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.