Tennessee Code Annotated

Tenn. Code Ann. § 39-15-404 (2026)

Enticing minor to purchase alcoholic beverages or beer - Giving or purchasing of alcoholic beverages or beer for minor - Allowing underage consumption of alcoholic beverages, wine, or beer

✓ current as of May 2026

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(a) Except as provided in § 39-15-413:
- (1) It is an offense for a person to persuade, entice or send a minor to any place where alcoholic beverages, as defined in § 57-3-101(a)(1)(A), or beer, as defined in § 57-5-101(b), are sold, to buy or otherwise procure alcoholic beverages or beer in any quantity, for the use of the minor, or for the use of any other person;
- (2) It is an offense for a person to give or buy alcoholic beverages or beer for or on behalf of any minor or to cause alcohol to be given or bought for or on behalf of any minor for any purpose; and
- (3)
  - (A) It is an offense for any owner, occupant, or other person having a lawful right to the exclusive use and enjoyment of property to knowingly allow a person to consume alcoholic beverages, wine, or beer on the property if the owner, occupant, or other person knows that the person consuming is a minor;
  - (B) It is an affirmative defense to prosecution under subdivision (a)(3)(A) that the defendant acted upon a reasonably held belief that the minor was twenty-one (21) years of age or older;
  - (C) Subdivision (a)(3)(A) does not apply to consumption or possession of a de minimis quantity of alcohol or wine by a minor as permitted by § 1-3-113(b)(2);
  - (D) This subdivision (a)(3) does not affect:
    - (i) Standards for imposing civil liability pursuant to §§ 57-10-101 and 57-10-102;
    - (ii) Standards, established pursuant to § 37-1-156(a), for imposing criminal liability on adults who contribute or encourage the delinquency or unruly behavior of a child, as defined in § 37-1-102(b); or
    - (iii) Standards, established pursuant to § 39-11-404, for imposing criminal liability on corporations.

(b) As used in this section, "minor" means a person under twenty-one (21) years of age.

(c) It is an affirmative defense to prosecution under this section that any person accused of giving or buying alcoholic beverages or beer for a minor acted upon a reasonably held belief that the minor was of legal age. The belief may be acquired by virtue of the minor making a false statement or presenting false identification that indicates that the minor is twenty-one (21) years of age or older.

(d) A violation of subsection (a) is a Class A misdemeanor with a mandatory minimum fine of one thousand dollars ($1,000), and in addition to the penalties authorized by § 40-35-111, the offender shall be sentenced to one hundred (100) hours of community service work. In addition to the penalties established in this subsection (d), the court having jurisdiction over the offender may, in its discretion, prepare and send an order for denial of the offender's driving privileges to the department of safety, driver control division. The offender may apply to the court for a restricted driver license, which may be issued in accordance with § 55-50-502. In the event an offender does not possess a valid driver license, the court having jurisdiction over the offender may, in its discretion, increase the offender's sentence to a maximum of two hundred (200) hours of community service work.

(e) If a person engages in conduct that violates this section, as well as any other section, nothing in this section shall be construed to prohibit the prosecution and conviction of the person under this section or any other applicable section.

(f) Nothing in this section shall be construed to affect §§ 57-10-101 and 57-10-102 in any way whatsoever.

Amended by 2021 Tenn. Acts, ch. 430, s 2, eff. 7/1/2021.

Amended by 2021 Tenn. Acts, ch. 430, s 1, eff. 7/1/2021.

Acts 1989, ch. 591, § 1; 2006, ch. 900, § 1; 2009 , ch. 564, § 1.

Notes of Decisions

Cited in 6 cases (1 in the last 5 years), 2004–2024 · leading case: Biscan v. Brown, 160 S.W.3d 462 (Tenn. 2005).

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Biscan v. Brown, 160 S.W.3d 462 (Tenn. 2005). · cites it 2× “Dana's Negligence Per Se Finally, the defendants argue that the trial court erred in directing a verdict as to Dana's fault because Dana was negligent per se in providing alcohol to Brown, a minor, in violation of Tennessee Code Annotated sections 39-15-404(a)(2) (2003) and…”

Holloran v. Duncan, 92 F. Supp. 3d 774 (W.D. Tenn. 2015). · cites it 2× “” Tenn.Code Ann. § 39-15-404(a)(3)(B). Finally, “[a]ny adult who contributes to or encourages the delinquency or unruly behavior of a child, whether by aiding or abetting or, encouraging the child in the commission of an act of delinquency or unruly conduct or by participating…”

State of Tennessee v. Eugenio Gomez Ruiz (Tenn. Crim. App. 2024). · cites it 15× “language of the statute, as we must, Tennessee Code Annotated section 57-4-203(b)(1)(A) provides as follows: Any licensee or other person who sells, furnishes, disposes of, gives, or causes to be sold, furnished, disposed of, or given, any alcoholic beverage to any person under…”

State of Tennessee v. Jeffery D. Hostetter (Tenn. Crim. App. 2004). · cites it 6× “Tenn. Code Ann. §§ 39-15-404 (b); 40-35-111(e)(1).”

State of Tennessee v. Donald Blevins (Tenn. Crim. App. 2005). · cites it 2× “Although not raised as an issue, the judgment correctly classifies the offense as “contributing to the delinquency of a minor,” but incorrectly cites Tennessee Code Annotated section 39-15-404. The proper statutory citation for the offense of contributing to the delinquency of a…”

State v. Christopher Curtis (Tenn. Crim. App. 2010). · cites it 2× “The judgment reflects that Defendant was convicted of the Class D felony of child abuse in violation of Tennessee Code Annotated section 39-15-404 (emp hasis added). The judgment should have reflected that he was convicted of Class D felony child abuse in violation of Tennessee…”

— Tenn. Code Ann. § 39-15-404(a)(2) — 1 case

Biscan v. Brown, 160 S.W.3d 462 (Tenn. 2005). “Dana's Negligence Per Se Finally, the defendants argue that the trial court erred in directing a verdict as to Dana's fault because Dana was negligent per se in providing alcohol to Brown, a minor, in violation of Tennessee Code Annotated sections 39-15-404(a)(2) (2003) and…”

— Tenn. Code Ann. § 39-15-404(a)(3)(B) — 1 case

Holloran v. Duncan, 92 F. Supp. 3d 774 (W.D. Tenn. 2015). “” Tenn.Code Ann. § 39-15-404(a)(3)(B). Finally, “[a]ny adult who contributes to or encourages the delinquency or unruly behavior of a child, whether by aiding or abetting or, encouraging the child in the commission of an act of delinquency or unruly conduct or by participating…”

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