Recent Posts in Social Host Laws Category

As reported in the March 2, 2010, Providence Journal by staff writer, Talia Buford, legislation proposed by the Department of Attorney General would decrease the penalty for minors who are caught sexting so they would not be prosecuted under the  child pornography statute.  “The proposed legislation would create a lesser offense, and allow for counseling and intervention rather than a lifetime sex-offender label.”  Under the proposed legislation, the cases would be referred to the intake unit of the Family Court and “minors who “knowingly and voluntarily” send sexually explicit videos or photographs of themselves to another person would find their case considered a status offense, which is less than a crime.”  The Department of Attorney General has stated that “the only other option has been to prosecute juveniles possessing, distributing or manufacturing child pornography – a felony punishable by up to 5 years in prison and $5,000.00 fine, and which requires the person to register as a sex offender.” 

Whether the act of young people sexting to each other should be a criminal offense is a subject open to debate and it is likely that the proposed legislation will receive much scrutiny.

With the Newport St. Patrick’s Day parade just around the corner, it is important to remember that both the Newport Police and the Middletown Police have increased their alcohol enforcement patrols.  The 2009 St. Patrick’s Day parade saw an unprecedented amount of Salve Regina University and other college students apprehended for the unlawful possession of an alcoholic beverage.

The first offense penalties for the possession of an alcoholic beverage by an underage person include a $150.00 to $750.00 fine, thirty (30) hours of community service, and a minimum sixty (60) days suspension of his or her driver’s license.  The penalties for  furnishing or procurement of alcoholic beverages for underage persons include a $350.00 to $1,000.00 fine and/or imprisonment for a period not exceeding six (6) months or both.  In addition the Newport Municipal Court fine for an open container has dramatically increased in recent years.

Please allow  Attorney Robert H. Humphrey’s reputation, experience and skill to successfully guide you through the legal process when you have been charged with an alcohol offense in Newport, RI.

In the January 11, 2010, Providence Journal, staff writer, Katie Mulvaney, reported that a “Barrington teenager who served two years at the state Training School for driving drunk in the 2007 crash that killed his best friend is suing other teenagers and a liquor store alleged to have played a role in the 16-year-old’s death.”  The lawsuit alleges that individuals, including the “liquor store that sold the teenagers beer and vodka that day, were also negligent and should be held jointly liable.”  The civil and criminal liability of adults who furnish or procure alcohol for underage persons is addressed in my Social Host Liability article which was recently published in the Rhode Island Bar Journal.

If you or a family member has been charged with a violation of the Rhode Island Social Host Laws, please contact Attorney Robert H. Humphrey, Esq. at (401) 816-5862 or E-mail him at rhh@rhumphreylaw.com.

Rhode Island DUI and Alcohol Offense Lawyer Robert H. Humphrey uses his over fifteen (15) years of legal experience as both a prosecutor and defense attorney to successfully guide his clients through the legal process when they have been charged with a violation of the RI Social Host Laws as follows:

Criminal charge:  Transportation of alcohol by a minor in violation of R.I.G.L. 3-8-9.

Potential penalty:  First offense penalties include a fine of not more than $250.00 and a license suspension of not more than thirty (30) days.

Resolution:  The Narragansett Police charge of transportation of alcohol by a minor was dismissed based on Defendant’s Motion to Suppress/Dismiss – Invalid Stop/Seizure.

Criminal charge:  Furnishing or procurement of alcoholic beverages for underage persons in violation of R.I.G.L. 3-8-11.1 and R.I.G.L. 3-8-11.2.

Potential penalty:  The first offense penalties for the furnishing or procurement of alcoholic beverages for underage persons include a $350.00 to $1,000.00 fine and/or imprisonment not exceeding six (6) months or both.

Resolution: The Newport Police charge was dismissed.

Criminal charge: Furnishing or procurement of alcoholic beverages for underage persons in violation of R.I.G.L. 3-8-11.1 and R.I.G.L. 3-8-11.2.

Potential penalty:  The first offense penalties for the furnishing or procurement of alcoholic beverages for underage persons include a $350.00 to $1,000.00 fine and/or imprisonment not exceeding six (6) months or both.

Resolution:  The two (2) Newport Police charges were dismissed.

Criminal charge:  Transportation of alcoholic beverages by underage persons in violation of R.I.G.L. 3-8-9.

Potential penalty:  First offense penalties include a fine of not more than $250.00 and a license suspension of not more than thirty (30) days.

Resolution:  The Newport Police charge was dismissed.

Criminal charge:  Possession of alcohol by underage persons in violation of R.I.G.L. 3-8-10.

Potential penalty:  First offense penalties for possession of alcohol by an underage person includes a $150.00 to $750.00 fine, thirty (30) hours of community service, and a minimum sixty (60) day license suspension.

Resolution:  the South Kingstown Police charge was dismissed.

Criminal charge:  Transportation of alcoholic beverages by underage persons in violation of R.I.G.L. 3-8-9.

Potential penalty:  First offense penalties include a fine of not more than $250.00 and a license suspension of not more than thirty (30) days.

Resolution:   The Narragansett Police charge was dismissed based on Defendant’s Motion to Suppress/Dismiss – Invalid Stop/Seizure.

If you or a family member has been charged with a violation of the Rhode Island Social Host Laws, please contact Robert H. Humphrey, Esq. at 401-816-5862 or e-mail him at rhh@rhumphreylaw.com.

 During this Holiday Season, it is important to remember the tragedies and near tragedies involving alcohol which occur throughout Rhode Island during this time of year.  These alcohol-related tragedies have led to the adoption of Rhode Island's Social Host Laws which encompasses both criminal and civil liability.  From the Rhode Island Supreme Court’s holdings in Martin v. Marciano and Willis v. Omar, it is clear that the Court is considering the issue of Social Host Liability.  In Martin, the Court held that if a “defendant provided alcoholic beverages to underage partygoers as the plaintiff alleges, or had actual knowledge of the presence and consumption of alcohol by underage drinkers on her property, then defendant was duty-bound to exercise reasonable care to protect the plaintiff from physical assault by persons expected to be in attendance or those acting at their behest.”  In Willis, the Court reasserted its longstanding precedent of refusing to adopt Social Host Liability and stated “we have only imposed such a duty where a special relationship exists.  Although we have recognized social-host liability in limited circumstances, we have done so when alcohol was illegally provided to minors and injuries related.  Such a special relationship is not present in the case on appeal.”  In declining to overturn the Court’s well-settled precedent, because “no special duty – triggering relationship” existed between the hosts and the guests in this case, the Court found that the issue of liability “for social hosts whose guests cause harm is a matter that belongs in the Legislature.”  The Court in noting the “public policy concerns surrounding drunk driving and the resulting carnage on our highways,” deferred to the legislative function of the General Assembly.

 In July of 2008, Governor Carcieri signed revisions to the Social Host Laws increasing the penalties and closing a perceived loophole.  The 2008 version of the statute prohibits the consumption of alcohol by underage persons anywhere on a homeowner’s property.  The revisions also address the possession of alcoholic beverages by underage persons and the transportation of alcoholic beverages by underage persons.

 For more information regarding Social Host Liability, please see my article on Social Host Liability which was published in the November/December 2009 edition of the Rhode Island Bar Journal and which is attached to my Attorney Profile page with the permission of the Rhode Island Bar Journal.