As reported in the July 2, 2013 edition of channel 10 news, a Richmond woman was sentenced in Superior Court on a charge of furnishing/providing alcohol to minors. The woman was previously found guilty of the charge in District Court in January of 2013. She was initially sentenced to six (6) months imprisonment, which was suspended and six (6) months probation. She was ordered to pay fines and court costs and perform one hundred (100) hours of community service. She appealed the decision to Superior Court. The Superior Court Judge sentenced her to six (6) months probation, payment of fines and court costs and one hundred and fifty (150) hours of community service. She must perform at least seventy-five (75) hours of the community service at programs which deal with underage drinking.
Pursuant to Rhode Island General Laws 3-8-11.1, furnishing or providing alcohol to minors is defined as (1) "furnish" means to provide with, supply, give or purchase; (2) "procure" means to get possession of, obtain by particular care and effort; and (3) "permit" means to give permission for, or approval of, the possession or consumption of an alcoholic beverage by any form of conduct, that would cause a reasonable person to believe that permission or approval has been given.
(b) Except as otherwise provided in subsection (d) of this section it is unlawful for any person twenty-one (21) years of age or older:
(1) to purchase from any licensee or any employee of a licensee any alcoholic beverage for the sale, delivery, service of or giving away to, any person who has not reached his or her twenty-first (21st) birthday;
(2) to purchase from any licensee or any employee of any licensee any alcoholic beverage with the intent to cause or permit said alcoholic beverage to be sold, or given to any person who has not reached his or her twenty-first (21st) birthday;
(3) to knowingly furnish any alcoholic beverage for the sale, delivery, service of or giving to any person who has not reached his or her twenty-first (21st) birthday;
(4) to procure alcoholic beverages for the sale, delivery, service of or giving to any person who has not reached his or her twenty-first (21st) birthday; or
(5) to otherwise permit the consumption of alcohol by underaged persons in his or her residence or on his or her real property.
The penalties if convicted include a fine of not less than three hundred fifty dollars ($350.00) nor more than one thousand dollars ($1,000.00) and/or imprisoned for a period not exceeding six (6) months, or both.
(b) Any person who violates § 3-8-11.1 and either pleads nolo contendre or is convicted of a second misdemeanor violation shall be punished by a fine of not less than seven hundred fifty dollars ($750.00) nor more than one thousand dollars ($1,000.00) and/or imprisoned for a period not exceeding one year, or both.
(c) Any person who violates § 3-8-11.1 and either pleads nolo contendre or is convicted of a third or subsequent violation shall be guilty of a felony and shall be punished by a fine not less than one thousand dollars ($1,000) nor more than two thousand five hundred dollars ($2,500) and/or imprisonment not exceeding three (3) years. Any person convicted of a second or subsequent offense under of this section shall not have any fine suspended.
If you or a family member has been charged with providing alcohol to minors, underage possession of alcohol or other social host violations, please allow Attorney Robert H. Humphrey's reputation, experience and skill to successfully guide you through the legal process. Please contact Attorney Robert H. Humphrey, Esq., at 401-816-5862 or e-mail him at rhh@rhumphreylaw.com.