New Hampshire Rev Stat § 179:10 Unlawful Possession and Intoxication
o Any person under the age of 21 years who has in his or her possession any liquor or alcoholic beverage, or who is intoxicated by consumption of an alcoholic beverage, shall be guilty of a violation and shall be fined a minimum of $300. Any second and subsequent offense shall be fined at least $600. No portion of this mandatory minimum fine shall be waived, continued for sentencing, or suspended by the court. In addition to the penalties provided in this section, the court may, in its discretion, impose further penalties authorized by RSA 263:56-b.
West Virginia §11-16-19 Unlawful Acts of Persons; Criminal Penalties
o Any person under the age of twenty-one years, who purchases, consumes, sells, possesses or serves nonintoxicating beer is guilty of a misdemeanor and, upon conviction thereof, shall be fined an amount not to exceed $500 or shall be confined in jail, or, in the case of a juvenile, a detention facility, for a period not to exceed seventy- two hours, or both fined and confined or, in lieu of such fine and confinement, may, for the first offense, be placed on probation for a period not to exceed one year. Any person convicted under this section may be sentenced pursuant to the provisions of section one-a, article eleven-a, chapter sixty-two of this code.
Alabama Code §28-1-5 Intoxicating Liquor, Malt, Beverages, and Wine
o It shall be unlawful for a person less than 21 years of age to purchase, consume, possess, or to transport any alcohol, liquor or malt or brewed beverages within the State of Alabama. Whoever violates this section shall be fined not less than $25.00 nor more than $100.00, or imprisoned in the county jail for not more than 30 days or both; provided further, that juvenile offenders shall not be held in the county jail, but shall be held, either before or after sentencing, in a juvenile detention facility pursuant to the guidelines of the Department of Youth Services, which shall be separate and apart from adult offenders.
Alabama Code §28-3A-25 Unlawful Acts and Offenses; Penalties
o For any person under the legal drinking age, as defined in Section 28-1-5, to attempt to purchase, to purchase, consume, possess, or to transport any alcoholic beverages within the state… shall be a misdemeanor punishable by a fine of not less than fifty dollars ($50) nor more than five hundred dollars ($500), to which, at the discretion of the court or judge trying the case, may be added imprisonment in the county jail or at hard labor for the county for not more than three months.
North Dakota §5-01-08 Persons under 21 prohibited from manufacturing, purchasing,
consuming, or possessing alcoholic beverages or entering licensed premises – Penalty o … guilty of a class B misdemeanor. The court may, under this section, refer the person to an outpatient addiction facility licensed by the state department of human services for evaluation and appropriate counseling or treatment. California Business and Professions Code §25662 Minors o … guilty of a misdemeanor and shall be punished by a fine of two hundred fifty dollars ($250) or the person shall be required to perform not less than 24 hours or more than 32 hours of community service during hours when the person is not employed or is not attending school. A second or subsequent violation shall be punishable as a misdemeanor and the person shall be fined not more than five hundred dollars ($500), or required to perform not less than 36 hours or more than 48 hours of community service during hours when the person is not employed or is not attending school, or a combination of fine and community service as the court deems just.
Arkansas Code §3-3-203 Purchase or Possession by minor
o Penalties: a fine of not less than $100 and not more than $500. The magistrate or judge can impose either of the following penalties or a combination of the two: require the person under age 21 to write themes or essays on intoxicating liquors, wine, or beer; or place a person 18 years of age or older, but under 21 years of age under probationary conditions. In addition, the arrested person shall immediately surrender his or her license, permit, or other evidence of driving privilege to the arresting law enforcement officer.
New York Alcoholic Beverage Control Article 5 - § 65-C
o Any person who unlawfully possesses an alcoholic beverage with intent to consume may be summoned before and examined by a court having jurisdiction of that charge; provided, however, that nothing contained herein shall authorize, or be construed to authorize, a peace officer or a police to arrest a person who unlawfully possesses an alcoholic beverage with intent to consume. If a determination is made sustaining such charge the court may impose a fine not exceeding fifty dollars and/or completion of an alcohol awareness program established pursuant to section 19.25 of the mental hygiene law and/or an appropriate amount of community service not to exceed thirty hours
Wyoming §12-6-101 Minors
o No person under the age of 21 years shall: purchase or attempt to purchase any alcoholic liquor or malt beverage; solicit another person to purchase alcoholic liquor or malt beverage, possess any alcoholic liquor or malt beverage, consume any ethyl alcohol, or have measurable blood, breath or urine alcohol concentration in his body. Violation is a misdemeanor, which may be punished with a fine of up to $750, up to six months in jail, or both (as decided by the judge).
Utah §32B-4-409 Unlawful purchase, possession, consumption by minor
o A violation is a misdemeanor. A violator’s driver’s license will be suspended for one year (first conviction) or two years (second and subsequent convictions). If a minor is found to have violated this section and the violation is the minor’s first violation, the court may: order the minor to complete a preliminary screening that is approved by the Division of Substance Abuse and Mental Health; order the minor to complete an assessment, an in-depth clinical interview with a licensed mental health therapist; and order the minor to complete an educational series or substance abuse treatment as indicated. Mississippi §67-1-81 Sales to minors prohibited; penalties o Any person under the age of 21 years who purchases, receives, or has in his or her possession in any public place, any alcoholic beverages, shall be guilty of a misdemeanor and shall be punished by a fine at least $200 but no more than $500. Allows a trial judge to suspend any fines or penalties in exchange for an alternative sentence: suspend an offending minor’s driver’s license for up to 90 days and place the defendant on probation subject to conditions the trial judge deems appropriate. If the minor completes the probationary term, the offender’s license will be returned and a conviction will not be entered against the offender.
Maine §2051 Prohibited acts by minors
o A civil violation for which a fine of not less than $200 and not more than $400 must be adjudged.
Unopposed Motion of The New Hampshire Department of Health and Human Services To Intervene As Defendant and Incorporated Memorandum of Points and Authorities