NRS 202.055: Furnishing Alcohol to a Minor – Penalties and Other FAQs Answered

NRS 202.055 is a Nevada statute that makes it illegal to furnish alcohol to someone under the age of 21. This offense can result in serious criminal penalties, including fines and jail time.

In this article, we discuss the elements of NRS 202.055, potential punishments for violating this statute, answer some common questions, and address how an attorney may be able to help if you are charged with furnishing alcohol to a minor in Nevada.

If you or someone you know has been charged with furnishing alcohol to a minor, it is important to seek the advice of an experienced criminal defense attorney as soon as possible. The Defenders is a criminal defense firm located in Las Vegas. We offer free consultations, so don’t hesitate to reach out and speak with us today.

What Nevada Law Says About Selling or Providing Alcohol to Minors

NRS 202.055 is the Nevada law that makes it illegal to provide alcohol to someone under the age of 21. The statute reads:

NRS 202.055 Sale or furnishing of alcoholic beverage to minor; aiding minor to purchase or procure alcoholic beverage; policy to prevent minor from obtaining alcoholic beverage through use of Internet.

     1. Every person who knowingly:

     (a) Sells, gives or otherwise furnishes an alcoholic beverage to any person under 21 years of age;

     (b) Leaves or deposits any alcoholic beverage in any place with the intent that it will be procured by any person under 21 years of age; or

     (c) Furnishes, gives, or causes to be given any money or thing of value to any person under 21 years of age with the knowledge that the money or thing of value is to be used by the person under 21 years of age to purchase or procure any alcoholic beverage

In other words, it is a criminal offense to provide alcohol to someone under the age of 21.

For example, Tim is 20 years old and walks into a bar. His friend, 22-year-old John, buys him a beer. John has violated NRS 202.055 by furnishing alcohol to Tim, who is under the age of 21.

This law also makes it illegal to allow someone underage to use your money or resources to purchase alcohol.

Let’s say you have an upcoming party. You handed your 19-year old daughter your credit card and said she can use it to buy beer for the party. This is also in violation of this statute.

Can I Give My Underage Child Alcohol?

Yes, but only to a certain extent.

The continuation of NRS 202.055 reads:

   2. Paragraph (a) of subsection 1 does not apply to a parent, guardian or physician of the person under 21 years of age.

According to this, you are permitted to furnish alcohol to your underage child, but only under certain circumstances. For instance, you can provide a glass of wine with dinner or allow them to take a sip of beer at a family gathering, but this must be done responsibly. Otherwise, you may be charged with a related, but difference offense such as contributing to the delinquency of a minor.

It is important to note that this exception is only applicable to parents, guardians and physicians. If you are a family friend or other adult who is not related to the minor in any way, then providing alcohol to them is illegal regardless of your intentions.

Are Merchants Liable for Selling Alcohol to Minors?

Yes. Nevada businesses that sell alcohol can be held liable if they knowingly or negligently provide alcohol to someone under the age of 21. This means that business owners and employees can be charged with a crime for selling or furnishing alcohol to minors. Penalties may include fines, jail time, or both.

The NRS also provides additional guidance for businesses to take necessary steps in order to prevent minors from obtaining alcohol. This includes checking identification, posting signs that list the legal drinking age, training employees on how to check identification and refusing sales to anyone who cannot prove they are over 21. It reads:

Every person who sells, gives or otherwise furnishes alcoholic beverages through the use of the Internet shall adopt a policy to prevent a person under 21 years of age from obtaining an alcoholic beverage from the person through the use of the Internet. The policy must include, without limitation, a method for ensuring that the person who delivers the alcoholic beverages obtains the signature of a person who is over the age of 21 years when delivering the beverages and that the packaging or wrapping of the alcoholic beverages when they are shipped is clearly marked with words that describe the alcoholic beverages.

Penalties for Violating NRS 202.055 – Furnishing Alcohol to a Minor

The crime of furnishing alcohol to a minor is a misdemeanor in Nevada. Penalties may include up to 6 months in jail and/or up to $1,000 in fines.

In addition, the statute further adds that “A person who fails to adopt a policy pursuant to this subsection [regarding selling/giving/furnishing alcohol via the internet] is guilty of a misdemeanor and shall be punished by a fine of not more than $500.”

While the penalties for violating NRS 202.055 may seem minor, it is important to remember that this offense can have a lasting impact on both minors and their providers. Therefore, it is important for all adults to take their responsibility seriously—whether you’re a friend, parent, guardian, or an employee of a liquor store.

Common Defenses to Furnishing Alcohol to a Minor in Nevada

When facing charges of furnishing alcohol to a minor, there are several common defenses that may apply depending on the facts of your case. These include:

• You did not know they were under 21: Based on the information provided, it appears that you took measures to verify the person’s age, including asking for identification and checking their fake ID, which you believed to be valid. However, you were still not aware that the person was under 21 years old.
• You did not give or sell the alcohol to the minor: If it can be proven that you did not give or sell the alcohol to the minor, then this could be a valid defense. For example, if your friend gave the alcohol the minor without your knowledge or permission then you may have a viable defense.
• You are a parent, guardian, or physician of the person under 21 years of age and were providing them with alcohol responsibly: If you can prove that you are related to the minor, or were providing them alcohol for a legitimate medical purpose, then this could be a valid defense.

No matter your situation, it is important to consult with an experienced criminal defense attorney who can help you assess the facts of your case and determine which defenses may apply. An experienced lawyer can explain more about your rights and options for defending yourself against this charge.

How a Defense Lawyer Can Help

If you have been charged with furnishing alcohol to a minor in Nevada, it is important to consult with an experienced criminal defense attorney. A lawyer can help you understand the charges against you and the possible consequences of a conviction, as well as develop legal strategies for your defense. An attorney can also guide you through the court process, from arraignment to trial, and work to protect your rights. With the help of an experienced defense lawyer, you could possibly reduce or even dismiss the charges against you.

The Defenders is an experienced criminal defense law firm in Las Vegas that specializes in defending clients charged with criminal offense, including furnishing alcohol to a minor. Our experienced attorneys understand the legal process and have the knowledge and skill necessary to build a strong defense on your behalf. We are dedicated to protecting your rights and fighting for the best possible outcome in your case.

If you have been charged with this crime, don’t hesitate to contact us today for a free, confidential consultation.

Frequently Asked Questions