Business and Professions Code 25662 BP makes it illegal for a minor to be in possession of an alcoholic beverage in a PUBLIC PLACE.

• • • on any street or highway or
    • at any place open to the public.

Prosecutor must prove:

1. 1. 1. The defendant was under the age of 21(at the time of the incident);
      2. The defendant possessed an alcoholic beverage; and,
      3. The defendant was on a street, highway, public place, or a place open to the public.

Defenses to a 25662 B&P charge:

Three common defenses are that the minor was:

• • • following instructions of a parent (“affirmative defense”);
    • in a private place (complete defense); and/or,
    • immune from prosecution
      • • called 911 and reported that he (or another person) needed medical help due to alcohol consumption
        • was the first person to make the emergency report; and,
        • remained on the scene until medical assistance arrived
    • law enforcement misconduct, such as a police officer coercing a confession. Note that it is not a defense that the minor never engaged in underage drinking.

Penalties:

A first-time violation of BPC 25662 is treated as an infraction.⁴ The offense is punishable by:

• • • a fine of $250, or
    • 24-32 hours of community service.⁵

A second or subsequent violation is charged as a misdemeanor. The offense is punishable by:

• • • a maximum fine of $500, and/or
    • 36-48 hours of community service.

Note that defendants under 18 years old would be prosecuted in juvenile court and face delinquency adjudications instead of criminal convictions.