Business and Professions Code 25662 BP makes it illegal for a minor to be in possession of an alcoholic beverage in a PUBLIC PLACE.
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- on any street or highway or
- at any place open to the public.
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Prosecutor must prove:
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- The defendant was under the age of 21(at the time of the incident);
- The defendant possessed an alcoholic beverage; and,
- The defendant was on a street, highway, public place, or a place open to the public.
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Defenses to a 25662 B&P charge:
Three common defenses are that the minor was:
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- following instructions of a parent (“affirmative defense”);
- in a private place (complete defense); and/or,
- immune from prosecution
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- 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
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- 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.
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Penalties:
A first-time violation of BPC 25662 is treated as an infraction.4 The offense is punishable by:
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- a fine of $250, or
- 24-32 hours of community service.5
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A second or subsequent violation is charged as a misdemeanor. The offense is punishable by:
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- a maximum fine of $500, and/or
- 36-48 hours of community service.
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Note that defendants under 18 years old would be prosecuted in juvenile court and face delinquency adjudications instead of criminal convictions.