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Arkansas Code Annotated

Ark. Code Ann. § 3-3-202 (2026)

Knowingly furnishing or selling to minor

✓ current as of May 2026
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      1. It shall be unlawful for any person knowingly to give, procure, or otherwise furnish any alcoholic beverage or a confectionary containing between five-tenths of one percent (0.5%) and five percent (5%) alcohol by volume to any person under twenty-one (21) years of age.
      2. However, this subsection does not apply to the serving of an alcoholic beverage to the person's family or to the use of wine or beer in any religious ceremony or rite in any established church or religion.
      1. Upon a first conviction, any person violating this subsection shall be guilty of a Class A misdemeanor.
      2. Upon a second conviction within three (3) years, a person violating this section shall be guilty of a Class D felony.
    1. It shall be unlawful for any person knowingly to sell or otherwise furnish for money or other valuable consideration any alcoholic beverage to any person under twenty-one (21) years of age.
      1. Upon a first conviction, any person violating this subsection shall be guilty of a Class D felony and shall be punished as provided by law.
      2. Upon a second conviction within five (5) years, a person violating this section shall be deemed guilty of a Class C felony and may be imprisoned or fined, or both as provided by law.
    1. A warning notice that includes the provisions of subsections (a) and (b) of this section shall be posted in public view in each place of business where alcoholic beverages are sold.
    2. The warning notice shall be posted in a manner prescribed by the Alcoholic Beverage Control Board.

History. Acts 1967, No. 277, §§ 1, 2; A.S.A. 1947, § 48-903; Acts 1993, No. 875, § 2; 1995, No. 446, § 1; 2005, No. 1767, § 1; 2005, No. 1994, § 405; 2009, No. 352, § 1; 2009, No. 948, § 1; 2017, No. 1035, § 4.

Amendments. The 2005 amendment substituted “Class C misdemeanor” for “misdemeanor and shall be fined not more than five hundred dollars ($500) or imprisoned for not more than ten (10) days, or both fined and imprisoned” in (a)(2)(A); and substituted “Class D felony” for “felony and may be imprisoned in the Department of Corrections for not less than one (1) year nor more than five (5) years and shall be fined not more than five hundred dollars ($500), or both” in (a)(2)(B).

The 2009 amendment by No. 352 substituted “this subsection shall not apply to the serving of an alcoholic beverage to the person's” for “this section shall not apply to the serving of such to one's” in (a)(1) and changed “Class C misdemeanor” to “Class A misdemeanor” in (a)(2)(A).

The 2009 amendment by No. 948 inserted “or beer” in (a)(1).

The 2017 amendment redesignated former (a)(1) as (a)(1)(A) and (a)(1)(B); inserted “or a confectionary containing between five-tenths of one percent (0.5%) and five percent (5%) alcohol by volume” in (a)(1)(A); and substituted “does not” for “shall not” in (a)(1)(B).

Cross References. Sales of beer or wine to minors by beer permittees prohibited, §§ 3-5-221, 3-5-307.

RESEARCH REFERENCES

U. Ark. Little Rock L. Rev.

Survey of Legislation, 2005 Arkansas General Assembly, Alcoholic Beverages, 28 U. Ark. Little Rock L. Rev. 319.

Case Notes

Civil Liability.

This section and §§ 3-4-803 and 3-3-218 create a duty for licensees to exercise a high standard of care for the protection of minors, and a breach of this duty can lead to a suit for negligence. Shannon v. Wilson, 329 Ark. 143, 947 S.W.2d 349 (1997).

Effect on Other Laws.

There is no conflict between this section and § 3-3-201, as that section makes it a misdemeanor to unknowingly sell, give, or otherwise dispose of intoxicating liquor to a minor and this section makes it a misdemeanor to knowingly do so with a second or subsequent offenses constituting a felony. State v. Jarvis, 244 Ark. 753, 427 S.W.2d 531 (1968).

Cited: Anable v. Ford, 653 F. Supp. 22 (W.D. Ark. 1985); Branscumb v. Freeman, 360 Ark. 171, 200 S.W.3d 411 (2004).

Notes of Decisions
Cited in 8 cases, 1997–2019 · leading case: Jackson v. Cadillac Cowboy, Inc., 986 S.W.2d 410 (Ark. 1999).
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Jackson v. Cadillac Cowboy, Inc., 986 S.W.2d 410 (Ark. 1999). · cites it 12× “This court took great pains to particularize this public policy: The legislature determined that the prohibition of the selling or furnishing alcohol to minors for monetary gain was of such importance that [section 3-3-202] was amended in 1993 by Act 875 establishing the…”
Shannon v. Wilson, 947 S.W.2d 349 (Ark. 1997). · cites it 8× “In addition to the special statutes regulating the liquor industry, Ark. Code Ann. § 3-3-202 (b)(l) (Repl. 1996) makes it a felony to knowingly sell or furnish liquor to a minor for monetary gain.”
Sluder v. Steak & Ale of Little Rock, Inc., 206 S.W.3d 213 (Ark. 2005). · cites it 8× “2d 349 (1997), we modified our common-law rule set forth in Carr, supra , and held that a licensed vendor's violation of Ark.Code Ann. § 3-3-202 (Repl.1996), which prohibited the sale of alcohol to minors, was evidence of negligence to be submitted to a jury.”
Branscumb v. Freeman, 200 S.W.3d 411 (Ark. 2004). · cites it 4× “In so holding, we modified our judicially-created common law rule, as set forth in Carr v.”
Cent. Oklahoma Pipeline, Inc. v. Hawk Field Servs., LLC, 400 S.W.3d 701 (Ark. 2012). · cites it 4× “However, our decision was based on the enactment of section 3-3-202, where the legislature explicitly expressed an intent to protect minors as a special class of citizens and it placed an affirmative duty on licensed vendors to safeguard against selling alcohol to minors.”
Archer v. Sigma Tau Gamma Alpha Epsilon, Inc., 362 S.W.3d 303 (Ark. 2010). · cites it 2× “See Ark.Code Ann. § 3-3-202 (Repl.1996); Ark.”
Garcia v. Sixth Jud. Dist. Court, 30 P.3d 1110 (Nev. 2001). “Ark. Code Ann. § 3-3-202 (a) (Michie 1996); Ga.”
Berkley v. State, 575 S.W.3d 190 (Ark. Ct. App. 2019). · cites it 2× “2013), Class B felony; knowingly furnishing alcohol to a minor, 3 counts, in violation of Ark. Code Ann. § 3-3-202 (a)(1) (Supp. 2013), Class M misdemeanor; contributing to the delinquency of a minor, 3 counts, in violation of Ark.”
— Ark. Code Ann. § 3-3-202(a)(1) — 1 case
Shannon v. Wilson, 947 S.W.2d 349 (Ark. 1997). “In addition to the special statutes regulating the liquor industry, Ark. Code Ann. § 3-3-202 (b)(l) (Repl. 1996) makes it a felony to knowingly sell or furnish liquor to a minor for monetary gain.”
— Ark. Code Ann. § 3-3-202(b) — 1 case
Jackson v. Cadillac Cowboy, Inc., 986 S.W.2d 410 (Ark. 1999). “This court took great pains to particularize this public policy: The legislature determined that the prohibition of the selling or furnishing alcohol to minors for monetary gain was of such importance that [section 3-3-202] was amended in 1993 by Act 875 establishing the…”
— Ark. Code Ann. § 3-3-202(b)(1) — 2 cases
Jackson v. Cadillac Cowboy, Inc., 986 S.W.2d 410 (Ark. 1999). “This court took great pains to particularize this public policy: The legislature determined that the prohibition of the selling or furnishing alcohol to minors for monetary gain was of such importance that [section 3-3-202] was amended in 1993 by Act 875 establishing the…”
Shannon v. Wilson, 947 S.W.2d 349 (Ark. 1997). “In addition to the special statutes regulating the liquor industry, Ark. Code Ann. § 3-3-202 (b)(l) (Repl. 1996) makes it a felony to knowingly sell or furnish liquor to a minor for monetary gain.”
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