This article was published in the Teen Scene section of the Community News in an earlier version on February 28, 2007 and then in the updated version below in June 2009. 

Prom Night is Coming: What Parents Need to Know

 By Richard Schnoll, Esq.

Another prom season is upon us and parents need to be aware of their and their children's potential criminal and civil liability when underage drinkers are involved. A couple in Montvale were charged in December 2006 with a disorderly persons offense under what is known as the "social host liability" law. Know what the law is so you and your children don't run afoul of it.

N.J. Code of Criminal Justice section 2C:33-17(a) states that "anyone who purposely or knowingly offers or serves or makes available an alcoholic beverage to a person under the legal age for consuming alcoholic beverages or entices or encourages that person to drink an alcoholic beverage is a disorderly person."

Disorderly person offenses are punishable with up to six months in jail and/or a fine of up to $1,000.00.

The statute noted above is not limited to persons old enough to consume alcohol. For example, an adult over 18 but under the age of 21 can be convicted under its provisions. If your adult child is over 18 and serves alcohol at a party at your house to his or her friends who are under 18, your child may be charged and convicted under this section of the law.

If your child is under 18, he or she can be charged with delinquency for violations of this statute.

Further, subdivision (b) of the same statute provides that if you permit your property-house, office or space you manage – to be used as a location where alcoholic beverages will be made available to or will be consumed by individuals who are under the legal age for consuming alcoholic beverages, you will be guilty of a disorderly persons offense.

A recent case, State v. Feldman (2006), upheld a conviction under this section of two parents who hosted a prom party for their daughter, knowing that alcoholic beverages would be available to persons under 21. The parents' explanation was that they preferred to have the kids drink at their house than somewhere outside. The court was not persuaded.  

Parents must also be aware that they face potential large civil liability to third parties as social hosts if it is found that they provided alcoholic beverages to a visibly intoxicated underage drinker who then causes injuries to others through the use of a motor vehicle. In fact, recent decisions have even held that parents and other social hosts can be liable to the intoxicated underage drinker for injuries caused to him or herself in a motor vehicle accident due to the intoxication.

Clearly, in the current environment, parents must be vigilant regarding their children's activities in their homes. A word to the wise should be sufficient.

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