Maine Revised Statutes Title 28-A Sec. 2051 – Prohibited acts by minors
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1. Prohibited acts. A minor may not:
A. Purchase liquor or imitation liquor. The following penalties apply to violations of this paragraph.
(1) A minor who violates this paragraph commits a civil violation for which a fine of not less than $200 and not more than $400 must be adjudged.
(2) A minor who violates this paragraph after having previously violated this section commits a civil violation for which a fine of not less than $300 and not more than $600 must be adjudged, none of which may be suspended except as provided in subsection 2, paragraph B.
(3) A minor who violates this paragraph after having previously violated this section 2 or more times commits a civil violation for which a fine of $600 must be adjudged, none of which may be suspended except as provided in subsection 2, paragraph B; [PL 2003, c. 452, Pt. P, §4 (AMD); PL 2003, c. 452, Pt. X, §2 (AFF).]
B. Consume liquor or imitation liquor, except in a home in the presence of the minor’s parent, legal guardian or custodian, as defined in Title 22, section 4002. The following penalties apply to violations of this paragraph.
(1) A minor who violates this paragraph commits a civil violation for which a fine of not less than $200 and not more than $400 must be adjudged.
(2) A minor who violates this paragraph after having previously violated this section commits a civil violation for which a fine of not less than $300 and not more than $600 must be adjudged, none of which may be suspended except as provided in subsection 2, paragraph B.
(3) A minor who violates this paragraph after having previously violated this section 2 or more times commits a civil violation for which a fine of $600 must be adjudged, none of which may be suspended except as provided in subsection 2, paragraph B; [PL 2003, c. 452, Pt. P, §4 (AMD); PL 2003, c. 452, Pt. X, §2 (AFF).]
C. Have on the minor’s person liquor or imitation liquor in any premises licensed for the sale of liquor to be consumed on the premises. The following penalties apply to violations of this paragraph.
(1) A minor who violates this paragraph commits a civil violation for which a fine of not less than $200 and not more than $400 must be adjudged.
(2) A minor who violates this paragraph after having previously violated this section commits a civil violation for which a fine of not less than $300 and not more than $600 must be adjudged, none of which may be suspended except as provided in subsection 2, paragraph B.
(3) A minor who violates this paragraph after having previously violated this section 2 or more times commits a civil violation for which a fine of $600 must be adjudged, none of which may be suspended except as provided in subsection 2, paragraph B; [PL 2003, c. 452, Pt. P, §4 (AMD); PL 2003, c. 452, Pt. X, §2 (AFF).]
D. Present or offer to a licensee, the licensee’s agent or employee any written or oral evidence of age that is false, fraudulent or not actually the minor’s own, for the purpose of:
(1) Ordering, purchasing, attempting to purchase or otherwise procuring or attempting to procure the serving of any liquor or imitation liquor. The following penalties apply to violations of this subparagraph.
(a) A minor who violates this subparagraph commits a civil violation for which a fine of not less than $200 and not more than $400 must be adjudged.
(b) A minor who violates this subparagraph after having previously violated this section commits a civil violation for which a fine of not less than $300 and not more than $600 must be adjudged, none of which must be suspended except as provided in subsection 2, paragraph B.
(c) A minor who violates this subparagraph after having previously violated this section 2 or more times commits a civil violation for which a fine of $600 must be adjudged, none of which may be suspended except as provided in subsection 2, paragraph B; or
(2) Gaining access to a licensed premises when minors are not allowed. The following penalties apply to violations of this subparagraph.
(a) A minor who violates this subparagraph commits a civil violation for which a fine of not less than $200 and not more than $400 must be adjudged.
(b) A minor who violates this subparagraph after having previously violated this section commits a civil violation for which a fine of not less than $300 and not more than $600 must be adjudged, none of which must be suspended except as provided in subsection 2, paragraph B.
(c) A minor who violates this subparagraph after having previously violated this section 2 or more times commits a civil violation for which a fine of $600 must be adjudged, none of which may be suspended except as provided in subsection 2, paragraph B; [PL 2021, c. 658, §265 (AMD).]
D-1. Have in the minor’s possession a false identification card. The following penalties apply to violations of this paragraph.
(1) A minor who violates this paragraph commits a civil violation for which a fine of not less than $200 and not more than $400 must be adjudged.
(2) A minor who violates this paragraph after having previously violated this section commits a civil violation for which a fine of not less than $300 and not more than $600 must be adjudged, none of which may be suspended except as provided in subsection 2, paragraph B.
(3) A minor who violates this paragraph after having previously violated this section 2 or more times commits a civil violation for which a fine of $600 must be adjudged, none of which may be suspended except as provided in subsection 2, paragraph B; [PL 2003, c. 452, Pt. P, §4 (AMD); PL 2003, c. 452, Pt. X, §2 (AFF).]
D-2. Sell, furnish or give a false identification card to a minor. The following penalties apply to violations of this paragraph.
(1) A minor who violates this paragraph commits a civil violation for which a fine of not less than $200 and not more than $400 must be adjudged.
(2) A minor who violates this paragraph after having previously violated this section commits a civil violation for which a fine of not less than $300 and not more than $600 must be adjudged, none of which may be suspended except as provided in subsection 2, paragraph B.
(3) A minor who violates this paragraph after having previously violated this section 2 or more times commits a civil violation for which a fine of $600 must be adjudged, none of which may be suspended except as provided in subsection 2, paragraph B; [PL 2003, c. 452, Pt. P, §4 (AMD); PL 2003, c. 452, Pt. X, §2 (AFF).]
E. [PL 2003, c. 452, Pt. P, §4 (RP); PL 2003, c. 452, Pt. X, §2 (AFF).]
E-1. Except as provided in subsection 5, have any liquor or imitation liquor in the minor’s possession. The following penalties apply to violations of this paragraph.
(1) A minor who violates this paragraph commits a civil violation for which a fine of not less than $200 and not more than $400 must be adjudged.
(2) A minor who violates this paragraph after having previously violated this section commits a civil violation for which a fine of not less than $300 and not more than $600 must be adjudged, none of which may be suspended except as provided in subsection 2, paragraph B.
(3) A minor who violates this paragraph after having previously violated this section 2 or more times commits a civil violation for which a fine of $600 must be adjudged, none of which may be suspended except as provided in subsection 2, paragraph B; or [PL 2003, c. 452, Pt. P, §4 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).]
F. [PL 2003, c. 452, Pt. P, §4 (RP); PL 2003, c. 452, Pt. X, §2 (AFF).]
F-1. Except as provided in subsection 5, have in the minor’s possession equipment specifically constructed, manufactured or marketed for the purpose of brewing malt liquor or fermenting or making wine. The following penalties apply to violations of this paragraph.
(1) A minor who violates this paragraph commits a civil violation for which a fine of not less than $200 and not more than $400 must be adjudged.
(2) A minor who violates this paragraph after having previously violated this section commits a civil violation for which a fine of not less than $300 and not more than $600 must be adjudged, none of which may be suspended except as provided in subsection 2, paragraph B.
(3) A minor who violates this paragraph after having previously violated this section 2 or more times commits a civil violation for which a fine of $600 must be adjudged, none of which may be suspended except as provided in subsection 2, paragraph B. [PL 2003, c. 452, Pt. P, §4 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).]
[PL 2021, c. 658, §265 (AMD).]
Terms Used In Maine Revised Statutes Title 28-A Sec. 2051
- Alcohol: means the substance known as ethyl alcohol, hydrated oxide of ethyl or spirit of wine which is commonly produced by the fermentation or distillation of grain, starch, molasses, sugar, potatoes or other substances, and includes all dilutions and mixtures of these substances. See Maine Revised Statutes Title 28-A Sec. 2
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Licensee: includes , but is not limited to, agency liquor stores and certificate of approval holders. See Maine Revised Statutes Title 28-A Sec. 2
- Liquor: means spirits, wine, malt liquor or hard cider, or any substance containing liquor, intended for human consumption, that contains more than 1/2 of 1% of alcohol by volume. See Maine Revised Statutes Title 28-A Sec. 2
- Malt liquor: means liquor:
A. See Maine Revised Statutes Title 28-A Sec. 2Minor: means a person who has not reached the age of 21 years. See Maine Revised Statutes Title 28-A Sec. 2 Municipality: means a city, town or plantation. See Maine Revised Statutes Title 28-A Sec. 2 Person: means an individual, partnership, corporation, firm, association or other legal entity. See Maine Revised Statutes Title 28-A Sec. 2 Premises: includes the place where an incorporated civic organization sells or serves spirits, wine and malt liquor under a license obtained under section 1071. See Maine Revised Statutes Title 28-A Sec. 2 Wine: includes , but is not limited to, hard cider, wine coolers, table wine, still wine, sparkling wine, champagne and fortified wine that do not contain more than 24% alcohol by volume. See Maine Revised Statutes Title 28-A Sec. 2
2. Penalties. The following apply to the penalties imposed for violations of this section.
A. When a person is adjudged to have committed a first offense under this section, the judge shall inform that person that the fines for the 2nd and subsequent offenses are mandatory and cannot be suspended except as provided in paragraph B. Failure to inform the first offender that subsequent fines are mandatory is not a ground for suspension of any subsequent fine. [PL 2003, c. 452, Pt. P, §4 (AMD); PL 2003, c. 452, Pt. X, §2 (AFF).]
B. The judge, as an alternative to or in addition to the civil fines required by this subsection, may assign the minor to perform specified work for the benefit of the State, the municipality or other public entity or charitable institution. [PL 2003, c. 452, Pt. P, §4 (AMD); PL 2003, c. 452, Pt. X, §2 (AFF).]
[PL 2003, c. 452, Pt. P, §4 (AMD); PL 2003, c. 452, Pt. X, §2 (AFF).]
3. Minor can not be charged with more than one offense. A minor may not be charged with more than one offense under this section in any given instance in which the same set of facts is involved.
[PL 2003, c. 452, Pt. P, §4 (AMD); PL 2003, c. 452, Pt. X, §2 (AFF).]
4. Illegal possession and illegal transportation. If a minor is charged with illegal possession under this section, the minor may not be charged with illegal transportation under section 2052.
[PL 1997, c. 373, §147 (AMD).]
5. Exceptions. A minor is not in violation of subsection 1, paragraph E?1 or F?1 if the minor possesses:
A. Liquor or imitation liquor or equipment described in subsection 1, paragraph F?1 in the scope of the minor’s employment; [PL 2003, c. 452, Pt. P, §4 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).]
B. Liquor or imitation liquor in a home in the presence of the minor’s parent, guardian or custodian, as defined in Title 22, section 4002; or [PL 2003, c. 452, Pt. P, §4 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).]
C. Equipment described in subsection 1, paragraph F?1 in the minor’s own home under the supervision of the minor’s parent, guardian or custodian, as defined in Title 22, section 4002. [PL 2003, c. 452, Pt. P, §4 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).]
[PL 2003, c. 452, Pt. P, §4 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).]
6. Defense. It is a defense to prosecution under subsection 1 if in a situation that involved risk to the minor or to another person of overdose from the consumption of alcohol, including but not limited to extreme physical illness, decreased level of consciousness, respiratory depression, coma, mania or death from the consumption of alcohol:
A. The minor in good faith sought medical or emergency treatment or assistance for the minor or the other person; or [PL 2015, c. 154, §1 (NEW).]
B. The minor was the person for whom medical or emergency treatment or assistance was sought and the evidence of the violation of this section is obtained as a result of a person contacting emergency medical services or law enforcement. [PL 2015, c. 154, §1 (NEW).]
This subsection does not provide a defense to a charge of operating a motor vehicle while under the influence of alcohol.
[PL 2015, c. 154, §1 (NEW).]
SECTION HISTORY
PL 1987, c. 45, §A4 (NEW). PL 1987, c. 342, §§118,119 (AMD). PL 1987, c. 426 (AMD). PL 1993, c. 266, §24 (AMD). PL 1997, c. 373, §§146,147 (AMD). PL 1999, c. 103, §§1-3 (AMD). PL 2001, c. 9, §§1,2 (AMD). PL 2001, c. 160, §1 (AMD). PL 2003, c. 452, §P4 (AMD). PL 2003, c. 452, §X2 (AFF). PL 2015, c. 154, §1 (AMD). PL 2021, c. 658, §265 (AMD).