Dispensing to a person under the age of twenty-one years.
Any person who is eighteen (18) years of age or older who shall sell, give, or furnish, or cause to be sold, given, or furnished, alcohol beverage, including any distilled spirits, beer or wine, to a person under the age of twenty-one (21) years shall be guilty of a misdemeanor and upon conviction thereof may be punished by a fine of not less than five hundred dollars ($500) nor more than one thousand dollars ($1,000) per violation, or by imprisonment in the county jail for a period not to exceed one (1) year, or by both such fine and imprisonment. A second or subsequent violation of this section by the same defendant shall constitute a misdemeanor and upon conviction thereof the defendant shall be punished by a fine of not less than one thousand dollars ($1,000) nor more than two thousand dollars ($2,000) per violation, or imprisonment in the county jail for a period not to exceed one (1) year, or by both such fine and imprisonment. Notwithstanding the provisions of section 19-4705, Idaho Code, moneys received pursuant to such fines shall be deposited in the substance abuse treatment fund, as created in section 23-408, Idaho Code. Upon conviction of any person for a violation of the provisions of this section, the court shall notify the director of the Idaho state police. The director shall review the circumstances of the conviction, and if the dispensing took place at a licensed establishment or other retailer or distributor, the director may take administrative action he considers appropriate against the licensee or business including suspension of the license for not to exceed six (6) months, a fine, or both such suspension and fine.
Notes of Decisions
Cited in
7
cases (
1 in the last 5 years), 1980–2026 · leading case:
Alegria v. Payonk, 619 P.2d 135 (Idaho 1980).
Alegria v. Payonk, 619 P.2d 135 (Idaho 1980).
· cites it 4× “Moreover, the argument raised by appellant that the Idaho legislature has inferentially modified the common law rule of non-liability in enacting statutory provisions forbidding the retail dispensing of liquor to persons who are visibly intoxicated or minors (I.”
Fischer v. Cooper, 775 P.2d 1216 (Idaho 1989).
· cites it 12× “Bolstering this view are Idaho Code §§ 23-603 , -605, two very broadly worded statutes both of which provide for punishment as a misdemeanor for service to a minor or an obviously intoxicated adult by any person: Idaho Code § 23-603 . Disposal to minor.”
State v. Bettwieser, 149 P.3d 857 (Idaho Ct. App. 2006).
· cites it 2× “Bettwieser’s arguments regarding the policies of state agencies, health insurance companies and rental car dealers, and the imposition of certain age requirements for the holding of government office, have no bearing on the legal definition of “minor.”
State v. Dickson (Idaho Ct. App. 2018).
· cites it 2× “CR-01-17-4432 (“4432”), the State charged Dickson with five counts of sexual battery of a minor, Idaho Code § 18 -1508A(1)(a), and four counts of dispensing alcohol to a minor, I.C. § 23-603. In Ada County Case No. CR-01-17-4116 (“4116”), the State charged Dickson with…”
Michael T. Hayes, Sr. v. State (Idaho Ct. App. 2013).
· cites it 2× “FACTS AND PROCEDURE Hayes was charged with one count of lewd conduct with a minor under the age of sixteen, Idaho Code § 18-1508 , two counts of providing alcohol to a minor, I.C. § 23-603, and one count of providing tobacco to a minor, I.”
State v. Timothy Eugene Estep (Idaho Ct. App. 2014).
· cites it 2× “§ 18-6101, and with dispensing alcohol to a minor, I.C. § 23-603. During a pretrial process that took over two years, Estep requested to represent himself several times.”
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