New Texas Law Makes Providing Alcohol to a Minor a Felony

 Posted on July 19, 2024 in Criminal Defense

Although it has always been illegal in Texas to provide alcohol to a minor (a Class A misdemeanor), a new law that took effect September 1, 2023, increases penalties in some instances. If alcohol is supplied to a minor and the minor consumes the alcohol then causes serious bodily injury or death to another person, the person that provided the alcohol could face state jail felony charges.

A conviction for the offense could result in six months to two years in a state jail facility and a maximum fine of $10,000. HB 420, also known as Kyle and Ethan’s Law, amends the Alcoholic Beverage Code to increase criminal penalties for providing alcohol to a minor. A defendant charged with this serious criminal offense must have an experienced Frisco, TX criminal defense attorney to advocate on their behalf. Depending on the situation, certain defenses may apply that could reduce the charges to a lesser offense.  

Additional Facts About HB 420

The new law brings additional factors to keep in mind if you have been charged with providing alcohol to a minor, including:

• The defendant’s relationship to the minor does not change the charges. Even if the defendant is a parent, sibling, or other close relative, they can still be charged under HB 420 if the minor caused injury to another person as a result of the alcohol.
• If the minor obtained the alcohol on their own, without the defendant’s knowledge or consent, then charges cannot be filed against the defendant.
• If the bodily injury or death caused by the minor was to himself or herself, the law does not apply.  

Collateral Consequences of a State Jail Felony Conviction

While a state jail felony is the least serious type of Texas felony, it is a felony conviction that will remain on your record. This means that even after you have met all the requirements of your penalties for the conviction, you could face additional hardships for many years to come. Having a felony conviction on your record can make it extremely difficult to find employment and housing.

Virtually all employers and most landlords now run background checks. Even those who are otherwise very qualified for a job may be turned down because of the felony conviction on their record. It can also be difficult to obtain a professional license or even get a federal student loan for college. Rather than dealing with these long-term consequences, it is a much better strategy to let your criminal defense attorney work to have your charges reduced or even dropped, depending on the circumstances.

Potential Defenses to the Charges of Providing Alcohol to a Minor

While each case is different, and the defense will depend on the specific circumstances and facts surrounding the charges, some of the more common defenses include:

•  Although a belief that the minor is over 21 is not usually a defense—known as a "mistake of fact"—there could be unique circumstances that would allow this defense if an honest and reasonable belief justifies the defendant’s conduct.
• The defendant was misidentified by a witness or by the minor as the person who provided the alcohol.
• The police made errors in the case or violated the civil rights of the defendant. 

Contact a Collin County, TX Criminal Defense Attorney

If you have been charged with providing alcohol to a minor, particularly if that minor then caused injury to another person, you are facing severe penalties in the event of a conviction. You must have an experienced Frisco, TX criminal defense attorney by your side who can gather evidence and then build a strong defense on your behalf.

When you choose Law Offices of Biederman & Burleson P.L.L.C., you will benefit from over 25 years of combined experience and more than 500 trial victories in DWI cases. The NHTSA has also certified our attorneys in the administration of Standardized Field Sobriety Tests.  Contact Law Offices of Biederman & Burleson P.L.L.C. at 469-333-3333 to schedule your free consultation.