Sec. 7. (a) Subject to IC 7.1-5-1-6.5, it is a Class C
misdemeanor for a minor to knowingly:
(1) possess an alcoholic beverage;
(2) consume an alcoholic beverage; or
(3) transport an alcoholic beverage on a public highway when not
accompanied by at least one (1) of the minor's parents or
guardians.
(b) If a minor is found to have violated subsection (a)(2) or (a)(3)
while operating a vehicle, the court may order the minor's driving
privileges suspended for up to one (1) year. However, if the minor is
less than eighteen (18) years of age, the court shall order the minor's
driving privileges suspended for at least sixty (60) days.
(c) The court shall deliver any order suspending a minor's driving
privileges under this section to the bureau of motor vehicles, which
shall suspend the minor's driving privileges under IC 9-24-18-12.2 for
the period ordered by the court.
[Pre-1973 Recodification Citations: 7-5-1-1; 7-5-1-2.]
Formerly: Acts 1973, P.L.55, SEC.1. As amended by Acts 1978,
P.L.2, SEC.710; Acts 1982, P.L.69, SEC.15; P.L.53-1994, SEC.1;
P.L.93-2012, SEC.5; P.L.125-2012, SEC.2; P.L.217-2014, SEC.3;
P.L.159-2014, SEC.49.
Notes of Decisions
Cited in
23
cases, 1983–2020 · leading case:
Lawson v. State, 803 N.E.2d 237 (Ind. Ct. App. 2004).
Lawson v. State, 803 N.E.2d 237 (Ind. Ct. App. 2004).
· cites it 4× “However, because the same inference from the circumstances presented here was used to convict Lawson on both counts, Lawson's conviction for unlawful possession must be reversed.”
Rush v. State, 881 N.E.2d 46 (Ind. Ct. App. 2008).
· cites it 2× “Notwithstanding Rush’s claim that the officers lacked the authority to enter her property, we note that Indiana Code section 7.1-5-7-7 defines a minor in possession of alcohol as a class C misdemeanor.”
Snyder v. King, 958 N.E.2d 764 (Ind. 2011).
· cites it 2× “Consider the following example: A 20-year-old is convicted of Class C misdemeanor illegal possession of alcohol by a minor, I.C. § 7.1-5-7-7, and the trial court sentences him or her to an executed term of incarceration (no matter how short), I.”
Rosa v. State, 832 N.E.2d 1119 (Ind. Ct. App. 2005).
· cites it 2× “Ind.Code § 7.1-5-7-7. 2 . The record does not reflect that the Grant County probation office sought to revoke Rosa's probation for that offense.”
Arrion Walton v. State of Indiana, 81 N.E.3d 679 (Ind. Ct. App. 2017).
· cites it 4× “See I.C. § 7.1-5-7-7. Related in this way, too, is the statute prohibiting the possession of cocaine or narcotic drugs by those who lack the proper status: holding a valid prescription.”
Turner v. State, 749 N.E.2d 1205 (Ind. Ct. App. 2001).
· cites it 4× “I.C. § 7.1-5-7-7(a). For purposes of Title 7.”
Walker v. State, 764 N.E.2d 741 (Ind. Ct. App. 2002).
· cites it 2× “At that point, Officer Horner informed Walker that he was under arrest for minor consumption of aleohol, which is a class C misdemeanor pursuant to Ind.Code Ann. § 7.1-5-7-7 (West Supp.2000).”
J.J. v. State, 925 N.E.2d 796 (Ind. Ct. App. 2010).
· cites it 2× “Ind.Code § 7.1-5-7-7 . I.C. § 7.1-5-1-3. .”
State v. Ritter, 801 N.E.2d 689 (Ind. Ct. App. 2004).
“§ 7.1-5-7-7(a)(2) (Burns Code Ed. Repl.2001).”
State v. Vickers, 963 N.E.2d 1135 (Ind. Ct. App. 2012).
· cites it 2× “Code § 9-30-5-1(a); illegal possession of alcohol as a Class C misdemeanor, I.C. § 7.1-5-7-7(a)(2); and operating a vehicle while intoxicated causing endangerment as a Class A misdemeanor, I.”
S. T. v. State, 733 N.E.2d 937 (Ind. Ct. App. 2000).
· cites it 2× “…BAILEY, J., concurs. SULLIVAN, J., dissents with separate opinion. . Ind.Code § 35-42-2-1. . Ind.Code § 35-44-3-3. . Ind.Code § 7.1-5-7-7.”
Ind. Code § 7.1-5-7-7(a): 1 case
Turner v. State, 749 N.E.2d 1205 (Ind. Ct. App. 2001).
“I.C. § 7.1-5-7-7(a). For purposes of Title 7.”
Ind. Code § 7.1-5-7-7(a)(1): 2 cases
Ind. Code § 7.1-5-7-7(a)(2): 7 cases
Turner v. State, 749 N.E.2d 1205 (Ind. Ct. App. 2001).
“I.C. § 7.1-5-7-7(a). For purposes of Title 7.”
State v. Ritter, 801 N.E.2d 689 (Ind. Ct. App. 2004).
“§ 7.1-5-7-7(a)(2) (Burns Code Ed. Repl.2001).”
State v. Vickers, 963 N.E.2d 1135 (Ind. Ct. App. 2012).
“Code § 9-30-5-1(a); illegal possession of alcohol as a Class C misdemeanor, I.C. § 7.1-5-7-7(a)(2); and operating a vehicle while intoxicated causing endangerment as a Class A misdemeanor, I.”
Ind. Code § 7.1-5-7-7(a)(3): 1 case
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