Ark. Code Ann. » Title 3 Chapter 03
Arkansas Code Annotated

Ark. Code Ann. § 3-3-203 (2026)

Purchase or possession by minor

✓ current as of May 2026
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    1. It is unlawful for any person under twenty-one (21) years of age to purchase or have in his or her possession any intoxicating liquor, wine, or beer.
    2. For the purposes of this section, intoxicating liquor, wine, or beer in the body of a person under twenty-one (21) years of age is deemed to be in his or her possession.
  2. It is unlawful for an adult to purchase on behalf of a person under twenty-one (21) years of age any intoxicating liquor, wine, beer, or a confectionary containing between five-tenths of one percent (0.5%) and five percent (5%) alcohol by volume.
  3. A person eighteen (18) years of age or older violating this section is guilty of a violation and upon conviction shall be subject to a fine of not less than one hundred dollars ($100) nor more than five hundred dollars ($500).
  4. In addition to the penalties provided in this section, the trial judge or magistrate may impose the following penalty or penalties or any combination thereof:
    1. Require a person eighteen (18) years of age or older but under twenty-one (21) years of age to write themes or essays on intoxicating liquors, wine, or beer; and
    2. Place a person eighteen (18) years of age or older but under twenty-one (21) years of age under probationary conditions as determined by the court in its reasonable discretion designed as a reasonable and suitable preventive and educational safeguard to prevent future violations of this section by the person.
    1. In addition to the fine authorized by subsection (c) of this section, at the time of arrest of a person eighteen (18) years of age or older for violation of the provisions of subsection (a) of this section, the arrested person shall immediately surrender his or her license, permit, or other evidence of driving privilege to the arresting law enforcement officer as provided in § 5-65-402.
      1. The Office of Driver Services or its designated official shall suspend or revoke the driving privilege of the arrested person or shall suspend any nonresident driving privilege of the arrested person, as provided in § 5-65-402.
      2. The period of suspension or revocation shall be based on the offense that caused the surrender of the arrested person's license, permit, or other evidence of driving privilege as described in subdivision (e)(1) of this section and the number of any previous offenses as follows:
        1. Suspension for sixty (60) days for a first offense under subsection (a) of this section;
        2. Suspension for one hundred twenty (120) days for a second offense under subsection (a) of this section; and
        3. Suspension for one (1) year for a third or subsequent offense under subsection (a) of this section.
    3. In order to determine the number of previous offenses to consider when suspending or revoking the arrested person's driving privileges, the office shall consider as a previous offense any conviction under subsection (a) of this section which occurred either prior to or after August 12, 2005.
  6. A person under eighteen (18) years of age who violates this section is subject to the Arkansas Juvenile Code of 1989, § 9-27-301 et seq.
    1. A person under twenty-one (21) years of age is immune from criminal prosecution under subsection (a) of this section if:
      1. The person:
        1. Requested emergency medical assistance in response to a medical emergency of another person;
        2. Remained on the scene until the emergency medical assistance arrived; and
        3. Cooperated with emergency medical assistance providers and law enforcement personnel during the medical emergency;
      2. The person is the recipient of emergency medical assistance requested under subdivision (g)(1)(A) of this section; or
      3. The person acted in concert with the person initiating contact for emergency medical assistance and met the requirements of subdivisions (g)(1)(A)(ii) and (iii) of this section.
    2. This subsection does not apply if the request for emergency medical assistance does not occur until after law enforcement personnel have arrived at the scene of the medical emergency.
    3. The immunity from criminal prosecution provided under this section shall not in any way affect a law enforcement officer's or court's probable cause determination in regard to another criminal offense.
  8. It is not an offense under this section if the minor was acting at the direction of an authorized agent of the Alcoholic Beverage Control Enforcement Division to enforce or ensure compliance with laws relating to the prohibition of the possession of an alcoholic beverage by a minor or the sale of an alcoholic beverage to a minor.

History. Acts 1967, No. 44, § 1; 1979, No. 61, § 1; A.S.A. 1947, § 48-903.1; Acts 1997, No. 1210, § 1; 2005, No. 1535, § 1; 2005, No. 1994, § 28; 2009, No. 956, § 1; 2011, No. 1152, § 1; 2013, No. 1123, § 1; 2015, No. 381, § 1; 2017, No. 925, § 1; 2017, No. 1035, § 5.

Amendments. The 2005 amendment by No. 1535 added present (e).

The 2005 amendment by No. 1994 substituted “violation” for “misdemeanor” in (c); and added “and” at the end of (d)(1).

The 2009 amendment substituted “A person eighteen (18) years of age or older” for “Any person” in (c); substituted “eighteen (18) years of age or older but under twenty-one” for “under twenty-one” in (d)(1) and (d)(2); inserted “ of a person eighteen (18) years of age or older” in (e)(1); and added (f).

The 2011 amendment substituted “It is unlawful” for “It shall be unlawful” in (a)(1); and substituted “is deemed” for “shall not be deemed” in (a)(2).

The 2013 amendment substituted “person under twenty-one (21) years of age” for “minor” in (a)(2).

The 2015 amendment substituted “under” for “less than” in (f); and added (g).

The 2017 amendment by No. 925 added (h).

The 2017 amendment by No. 1035, in (b), substituted “is unlawful” for “shall also be unlawful”; and added “or a confectionary containing between five-tenths of one percent (0.5%) and five percent (5%) alcohol by volume”.

Research References

Ark. L. Rev.

Jervonne D. Newsome, Legislative Note: Minors, You Are What You Drink!: Arkansas's New Spin on Minors in Possession of Alcohol, 65 Ark. L. Rev. 977 (2012).

Case Notes

Constitutionality.

This section is rational and, consequently, not unconstitutional. Manatt v. State, 311 Ark. 17, 842 S.W.2d 845 (1992), cert. denied, Manatt v. Arkansas, 507 U.S. 1005, 113 S. Ct. 1647, 123 L. Ed. 2d 268 (1993).

Construction.

The exemption in subdivision (a)(2) of this section that intoxicating liquor, wine, or beer in the body of a minor shall not be deemed to be in his possession is not contained within the controlled substances statutes. Embry v. State, 50 Ark. App. 245, 905 S.W.2d 73 (1995).

Applicability.

An adult cannot be convicted of the offense of possession of intoxicating liquor by a minor. Manatt v. State, 311 Ark. 17, 842 S.W.2d 845 (1992), cert. denied, Manatt v. Arkansas, 507 U.S. 1005, 113 S. Ct. 1647, 123 L. Ed. 2d 268 (1993).

Juvenile Code.

A violation under this section does not constitute a violation under the Juvenile Code. Manatt v. State, 311 Ark. 17, 842 S.W.2d 845 (1992), cert. denied, Manatt v. Arkansas, 507 U.S. 1005, 113 S. Ct. 1647, 123 L. Ed. 2d 268 (1993).

Possession.

Where defendant was not in actual possession of intoxicating beverages, evidence that there were beer cans inside the vehicle, that beer was found in the immediate proximity of the defendant in the vehicle, and that there was the smell of beer on the defendant's person was not sufficient evidence of constructive possession. Kastl v. State, 303 Ark. 358, 796 S.W.2d 848 (1990).

Cited: Rendezvous Club v. State, 247 Ark. 670, 447 S.W.2d 842 (1969); Anable v. Ford, 653 F. Supp. 22 (W.D. Ark. 1985).

Notes of Decisions
Cited in 7 cases, 1990–2015 · leading case: Manatt v. State, 842 S.W.2d 845 (Ark. 1992).
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Manatt v. State, 842 S.W.2d 845 (Ark. 1992). · cites it 6× “See Ark. Code Ann. § 3-3-203 (1987). The chancellor found that he violated the statute and consequently found him to be a delinquent juvenile.”
Kastl v. State, 796 S.W.2d 848 (Ark. 1990). · cites it 4× “The officers testified that the appellant did not have in her hand or lap any alcoholic beverage and further testified that the reason the citation was given was because consumption had been indicated.”
Miller v. State, 994 S.W.2d 476 (Ark. 1999). · cites it 2× “, Ark. Code Ann. § 3-3-203 (Supp. 1997) (a person must be twenty-one years old to purchase or possess alcoholic beverages); Ark.”
D.F. v. State, 476 S.W.3d 189 (Ark. Ct. App. 2015). · cites it 5× “He faded to address the fact that the October 29, 2014 order of probation also specifically lists the adjudication of delinquency on the charge of minor in possession, in violation of Arkansas Code Annotated section 3-3-203. (Supp. 2015), an.d does not separate the resulting…”
D.F. v. State, 2015 Ark. App. 656 (Ark. Ct. App. 2015). · cites it 5× “I dissent because appellant’s sole argument on appeal is that the circuit court erred in denying his motion to dismiss at the adjudication hearing because the accomplice testimony was not sufficiently corroborated with respect to the crime of theft by receiving.”
D.F. v. State, 476 S.W.3d 189 (Ark. Ct. App. 2015). · cites it 5× “He faded to address the fact that the October 29, 2014 order of probation also specifically lists the adjudication of delinquency on the charge of minor in possession, in violation of Arkansas Code Annotated section 3-3-203. (Supp. 2015), an.d does not separate the resulting…”
Embry v. State, 905 S.W.2d 73 (Ark. Ct. App. 1995). · cites it 2× “He cites Ark. Code Ann. § 3-3-203 (a)(2) (1987) in support of this argument.”
— Ark. Code Ann. § 3-3-203(f) — 3 cases
D.F. v. State, 476 S.W.3d 189 (Ark. Ct. App. 2015). “He faded to address the fact that the October 29, 2014 order of probation also specifically lists the adjudication of delinquency on the charge of minor in possession, in violation of Arkansas Code Annotated section 3-3-203. (Supp. 2015), an.d does not separate the resulting…”
D.F. v. State, 2015 Ark. App. 656 (Ark. Ct. App. 2015). “I dissent because appellant’s sole argument on appeal is that the circuit court erred in denying his motion to dismiss at the adjudication hearing because the accomplice testimony was not sufficiently corroborated with respect to the crime of theft by receiving.”
D.F. v. State, 476 S.W.3d 189 (Ark. Ct. App. 2015). “He faded to address the fact that the October 29, 2014 order of probation also specifically lists the adjudication of delinquency on the charge of minor in possession, in violation of Arkansas Code Annotated section 3-3-203. (Supp. 2015), an.d does not separate the resulting…”
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