712-1250.5 Promoting intoxicating liquor to a person under the age of twenty-one. (1) A person, including any licensee as defined in section 281-1, commits the offense of promoting intoxicating liquor to a person under the age of twenty-one if the person recklessly:

(a) Sells or offers for sale, influences the sale, serves, delivers, or gives to a person intoxicating liquor, and the person receiving the intoxicating liquor is a person under the age of twenty-one; or

(b) Permits a person to possess intoxicating liquor while on property under his control, and the person possessing the intoxicating liquor is a person under the age of twenty-one.

(2) It is a defense to a prosecution for promoting intoxicating liquor to a person under the age of twenty-one that:

(a) The intoxicating liquor provided to the person under the age of twenty-one was an ingredient in a medicine prescribed by a licensed physician for medical treatment of the person under the age of twenty-one;

(b) The intoxicating liquor was provided to the person under the age of twenty-one as part of a ceremony of a recognized religion;

(c) The defendant provided the intoxicating liquor to the person under the age of twenty-one with the belief, which was reasonable under the circumstances, that the person under the age of twenty-one had attained the age of twenty-one;

(d) The defendant provided the intoxicating liquor to the person under the age of twenty-one with the express consent of the parent or legal guardian and with the belief, which was reasonable under the circumstances, that the person under the age of twenty-one would not consume any portion of the substance;

(e) The defendant provided the intoxicating liquor to the person under the age of twenty-one with the express consent of the parent or legal guardian and with the belief, which was reasonable under the circumstances, that the person under the age of twenty-one would consume the substance only in the presence of the parent or legal guardian; or

(f) The intoxicating liquor was possessed by the person under the age of twenty-one to be sold or served as allowed by law.

(3) The fact that a person engaged in the conduct specified by this section is prima facie evidence that the person engaged in that conduct with knowledge of the character, nature, and quantity of the intoxicating liquor possessed, distributed, or sold.

The fact that the defendant distributed or sold intoxicating liquor to a person under the age of twenty-one is prima facie evidence that the defendant knew the transferee was a person under the age of twenty-one, except as provided in subsection (2)(c).

(4) Promoting intoxicating liquor to a person under the age of twenty-one is a misdemeanor. [L 1984, c 122, 1; am L 1986, c 342, 4; am L 1987, c 283, 70; am L 1991, c 206, 2; am L 1992, c 207, 2; am L 2006, c 203, 2; am L 2013, c 54, 1]

 

COMMENTARY ON 712-1250.5

 

Act 122, Session Laws 1984, added the new offense of promoting intoxicating liquor to a minor which prohibits persons from giving liquor to a minor, or allowing a minor to possess intoxicating liquor on property under that person's control. The legislature believed that the passage of this Act would reduce the number of drunk drivers and deaths resulting from drunk driving. Senate Conference Report No. 40.

Act 207, Session Laws 1992, removed the repeal date of Act 342, Session Laws of Hawaii 1986, to permanently raise the minimum drinking age to twenty-one. Conference Committee Report No. 9.

Act 203, Session Laws 2006, clarified that individuals who promote liquor to minors are persons who knowingly sell, offer for sale, influence the sale, serve, deliver, or give intoxicating liquor to a person under the age of twenty-one. House Standing Committee Report No. 1127-06.

Act 54, Session Laws 2013, amended this section to curtail underage drinking by requiring a reckless rather than a knowing state of mind for the misdemeanor crime of promoting intoxicating liquor to a person under the age of twenty-one. The legislature believed that this Act would help increase compliance with the law by necessitating identification checks, at minimum, for those that hold liquor licenses, as well as hold accountable those persons who allow or influence the sale, possession, or consumption of alcohol to a person under the age of twenty-one. House Standing Committee Report No. 1230, Senate Standing Committee Report No. 529.

 

 

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