Warwick Furnishing Alcohol to Minors Charge

As reported by Bryan Rourke in the February 23, 2011 edition of the Providence Journal, a Warwick man was arrested and charged with furnishing or procuring alcohol for minors.  The police responded to calls of a house part and found fourteen (14) people under the age of twenty-one (21) with alcohol. 

Pursuant to Rhode Island General Laws 3-8-11.1, furnishing or procuring alcohol is defined as:

As used in this section: (1) "furnish" means to provide with, supply, give or purchase; (2) "procure" means to get possession of, obtain by particular care and effort; and (3) "permit" means to give permission for, or approval of, the possession or consumption of an alcoholic beverage by any form of conduct, that would cause a reasonable person to believe that permission or approval has been given.

   (b) Except as otherwise provided in subsection (d) of this section it is unlawful for any person twenty-one (21) years of age or older:

   (1) to purchase from any licensee or any employee of a licensee any alcoholic beverage for the sale, delivery, service of or giving away to, any person who has not reached his or her twenty-first (21st) birthday;

   (2) to purchase from any licensee or any employee of any licensee any alcoholic beverage with the intent to cause or permit said alcoholic beverage to be sold, or given to any person who has not reached his or her twenty-first (21st) birthday;

   (3) to knowingly furnish any alcoholic beverage for the sale, delivery, service of or giving to any person who has not reached his or her twenty-first (21st) birthday;

   (4) to procure alcoholic beverages for the sale, delivery, service of or giving to any person who has not reached his or her twenty-first (21st) birthday; or

   (5) to otherwise permit the consumption of alcohol by underaged persons in his or her residence or on his or her real property.

The penalties include a fine of not less than three hundred fifty dollars ($350.00) nor more than one thousand dollars ($1,000.00) and/or imprisoned for a period not exceeding six (6) months, or both.   The penalties for a second offense include a fine of not less than seven hundred fifty dollars ($750.00) nor more than one thousand dollars ($1,000.00) and/or imprisoned for a period not exceeding one year, or both. The penalties for a third or subsequent offense include shall be guilty of a felony and shall be punished by a fine not less than one thousand dollars ($1,000) nor more than two thousand five hundred dollars ($2,500) and/or imprisonment not exceeding three (3) years.

In this case, the accused man is over the age of twenty-one (21). The penalties are enhanced if the person furnishing or procuring the alcohol is under twenty-one (21) years of age.  In addition to the above penalties, they will also face a civil penalty of not more than five hundred dollars ($500). In addition, any person convicted may be required to attend an educational program approved by the department of health designed to recognize the dangers of underaged drinking, and may be subject to up to thirty (30) hours of community service.