Maine Revised Statutes Title 28-A Sec. 2081 – Furnishing or allowing consumption of liquor by certain persons prohibited
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A. Procure, or in any way aid or assist in procuring, furnish, give, sell or deliver liquor for or to a minor. The following penalties apply to violations of this paragraph.
(1) A person who violates this paragraph commits a Class D crime.
(2) A person who violates this paragraph commits a Class D crime for which a fine of not less than $500 may be imposed, none of which may be suspended, if the violation involves a minor who is less than 18 years of age.
(3) A person who violates this paragraph after having been previously convicted of violating this paragraph or paragraph B within a 6-year period commits a Class D crime for which a fine of not less than $1,000 may be imposed, none of which may be suspended.
(4) A person who violates this paragraph after having been previously convicted of violating this paragraph or paragraph B 2 or more times within a 6-year period commits a Class D crime for which a fine of not less than $1,500 may be imposed, none of which may be suspended.
(5) A person who violates this paragraph commits a Class C crime if the consumption of liquor by the minor in fact causes serious bodily injury to or death of the minor or any other individual. For purposes of this subsection, “serious bodily injury” has the same meaning as set out in Title 17?A, section 2, subsection 23; [PL 2005, c. 292, §1 (AMD).]
B. Allow a minor under that person’s control or in a place under that person’s control to possess or consume liquor. The following penalties apply to violations of this paragraph.
(1) A person who violates this paragraph commits a Class D crime.
(2) A person who violates this paragraph commits a Class D crime for which a fine of not less than $1,000 may be imposed, none of which may be suspended, if the violation involves a minor who is less than 18 years of age.
(3) A person who violates this paragraph after having been previously convicted of violating this paragraph or paragraph A within a 6-year period commits a Class D crime for which a fine of not less than $2,000 may be imposed, none of which may be suspended.
(5) A person who violates this paragraph commits a Class C crime if the consumption of liquor by the minor in fact causes serious bodily injury to or death of the minor or any other individual. For purposes of this subsection, “serious bodily injury” has the same meaning as set out in Title 17?A, section 2, subsection 23; [PL 2005, c. 292, §1 (AMD).]
C. Procure, or in any way aid or assist in procuring, furnish, give, sell or deliver liquor to a visibly intoxicated person. Violation of this paragraph is a Class E crime, except notwithstanding Title 17?A, sections 1704 and 1705, the fine may not be more than $500; or [PL 2019, c. 113, Pt. C, §70 (AMD).]
D. Procure, or in any way assist in procuring, furnish, give, sell or deliver imitation liquor for or to a minor, or allow a minor under that person’s control or in a place under that person’s control to possess or consume imitation liquor. Violation of this paragraph is a Class E crime, except notwithstanding Title 17?A, sections 1704 and 1705, the fine may not be more than $500. [PL 2019, c. 113, Pt. C, §70 (AMD).]
[PL 2019, c. 113, Pt. C, §70 (AMD).]
Attorney's Note
Under the Maine Revised Statutes, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Class C crime | up to 5 years | up to $5,000 |
| Class D crime | up to 1 year | up to $2,000 |
| Class E crime | up to 6 months | up to $1,000 |
Terms Used In Maine Revised Statutes Title 28-A Sec. 2081
- 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.
- 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
- Minor: means a person who has not reached the age of 21 years. 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
- sell: means any transfer or delivery of liquor for a consideration. See Maine Revised Statutes Title 28-A Sec. 2
2. Exceptions. This section does not apply to a person who serves liquor or imitation liquor to a minor in a home in the presence of the minor’s parent, guardian or custodian, as defined in Title 22, section 4002.
[PL 2003, c. 452, Pt. P, §9 (AMD); PL 2003, c. 452, Pt. X, §2 (AFF).]
3. Penalties.
[PL 2003, c. 452, Pt. P, §9 (RP); PL 2003, c. 452, Pt. X, §2 (AFF).]
4. Application. This section does not apply to licensees or agents of licensees in the scope of their employment.
[PL 1987, c. 45, Pt. A, §4 (NEW).]
5. Aggravated offense.
[PL 2003, c. 452, Pt. P, §9 (RP); PL 2003, c. 452, Pt. X, §2 (AFF).]
SECTION HISTORY
PL 1987, c. 45, §A4 (NEW). PL 1987, c. 342, §124 (AMD). PL 1987, c. 576 (AMD). PL 1989, c. 293, §§1-4 (AMD). PL 1991, c. 797, §13 (AMD). PL 1993, c. 266, §§29-31 (AMD). PL 2001, c. 395, §§1,2 (AMD). PL 2003, c. 452, §P9 (AMD). PL 2003, c. 452, §X2 (AFF). PL 2005, c. 292, §1 (AMD). PL 2019, c. 113, Pt. C, §70 (AMD).