Is that a felony or misdemeanor to let a 16 year old take to drinks of vodka?
Full Question:
Answer:
According to S.C. Code Ann. § 61-6-4070, it is unlawful for a person to give alcoholic liquors to a person under the age of twenty-one; unless one of the exceptions listed applies. Anyone violating the section is guilty of a misdemeanor.
The relevant Statute reads as follows:
S.C. Code Ann. § 61-6-4070 :Transfer to person under the age of twenty-one years.
(A) It is unlawful for a person to transfer or give to a person under the age of twenty-one years for the purpose of consumption of alcoholic liquors in the State unless the person under the age of twenty-one is recruited and authorized by a law enforcement agency to test a person's compliance with laws relating to the unlawful transfer or sale of alcoholic liquors to a minor. A person who violates this section is guilty of a misdemeanor and, upon conviction:
(1) for a first offense, must be fined not less than two hundred dollars nor more than three hundred dollars or imprisoned not more than thirty days, or both; and
(2) for a second or subsequent offense, must be fined not less than four hundred dollars nor more than five hundred dollars or imprisoned not more than thirty days, or both.
(B) A person found guilty of a violation of Section 61-4-90 and this section may not be sentenced under both sections for the same offense.
(C) The provisions of this section do not apply to a:
(1) spouse over the age of twenty-one giving alcoholic liquors to his spouse under the age of twenty-one in their home;
(2) parent or guardian over the age of twenty-one giving alcoholic liquors to his children or wards under the age of twenty-one in their home; or
(3) person giving alcoholic liquors to another person under the age of twenty-one in conjunction with a religious ceremony or purpose if the alcoholic liquors were lawfully purchased.
(D) A person eighteen years of age and over lawfully employed to serve or remove beer, wine, or alcoholic beverages in establishments licensed to sell these beverages are not considered to be in unlawful possession of the beverages during the course and scope of their duties as an employee. The provisions of this subsection do not affect the requirement that a bartender must be at least twenty-one years of age.
(E) This section does not apply to an employee lawfully engaged in the sale or delivery of these beverages in an unopened container.
(F) The provisions of this section do not apply to a student who:
(1) is eighteen years of age or older;
(2) is enrolled in an accredited college or university and a student in a culinary course that has been approved through review by the State Commission on Higher Education;
(3) is required to taste, but not consume or imbibe, any beer, ale, porter, wine, or other similar malt or fermented beverage as part of the required curriculum; and
(4) tastes a beverage pursuant to item (3) only for instructional purposes during classes that are part of the curriculum of the accredited college or university.
The beverage must remain at all times in the possession and control of an authorized instructor of the college or university who must be twenty-one years of age or older. Nothing in this subsection may be construed to allow a student under the age of twenty-one to receive any beer, ale, porter, wine, or other similar malt or fermented beverage unless the beverage is delivered as part of the student's required curriculum and the beverage is used only for instructional purposes during classes conducted pursuant to the curriculum.
Further, S.C. Code Ann. § 63-19-2450 says
§ 63-19-2450. Alcoholic beverages purchase, consumption, possession.
(A) It is unlawful for a person under the age of twenty-one to purchase, attempt to purchase, consume, or knowingly possess alcoholic liquors. Possession is prima facie evidence that it was knowingly possessed. It is also unlawful for a person to falsely represent his age for the purpose of procuring alcoholic liquors. Notwithstanding another provision of law, if the law enforcement officer has probable cause to believe that a person is under age twenty-one and has consumed alcohol, the law enforcement officer or the person may request that the person submit to any available alcohol screening test using a device approved by the State Law Enforcement Division.
(B) A person who violates the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not less than one hundred dollars nor more than two hundred dollars or must be imprisoned for not more than thirty days, or both.
(C) A person who violates the provisions of this section also is required to successfully complete a DAODAS approved alcohol prevention education or intervention program. The program must be a minimum of eight hours and the cost to the person may not exceed one hundred fifty dollars.
(D) The provisions of this section do not apply to a student who:
(1) is eighteen years of age or older;
(2) is enrolled in an accredited college or university and a student in a culinary course that has been approved through review by the State Commission on Higher Education;
(3) is required to taste, but not consume or imbibe, any alcoholic liquor as part of the required curriculum; and
(4) tastes the liquor pursuant to item (3) only for instructional purposes during classes that are part of the curriculum of the accredited college or university.
The alcoholic liquor must remain at all times in the possession and control of an authorized instructor of the college or university who must be twenty-one years of age or older. Nothing in this subsection may be construed to allow a student under the age of twenty-one to receive alcoholic liquor unless it is delivered as part of the student's required curriculum, and it is used only for instructional purposes during classes conducted pursuant to the curriculum.
(E) The provisions of this section do not apply to a person under the age of twenty-one who is recruited and authorized by a law enforcement agency to test an establishment's compliance with the laws relating to the unlawful transfer or sale of alcoholic liquors to a minor. The testing must be under the direct supervision of a law enforcement agency, and the agency must have the person's parental consent.
It is possible other charges may be applicable. For an example, please see the following SC statute:
§ 16-17-490. Contributing to delinquency of a minor.
It shall be unlawful for any person over eighteen years of age to
knowingly and wilfully encourage, aid or cause or to do any act which
shall cause or influence a minor:
(1) To violate any law or any municipal ordinance;
(2) To become and be incorrigible or ungovernable or habitually
disobedient and beyond the control of his or her parent, guardian,
custodian or other lawful authority;
(3) To become and be habitually truant;
(4) To without just cause and without the consent of his or her parent,
guardian or other custodian, repeatedly desert his or her home or place
of abode;
(5) To engage in any occupation which is in violation of law;
(6) To associate with immoral or vicious persons;
(7) To frequent any place the existence of which is in violation of
law;
(8) To habitually use obscene or profane language;
(9) To beg or solicit alms in any public places under any pretense;
(10) To so deport himself or herself as to wilfully injure or endanger
his or her morals or health or the morals or health of others.
Any person violating the provisions of this section shall upon
conviction be fined not more than three thousand dollars or imprisoned
for not more than three years, or both, in the discretion of the court.
This section is intended to be cumulative and shall not be construed so
as to defeat prosecutions under any other law which is applicable to
unlawful acts embraced herein.
The provisions of this section shall not apply to any school board of
trustees promulgating rules and regulations as authorized by § 59-19-90(3)
which prescribe standards of conduct and behavior in the public schools
of the district. Provided, however, that any such rule or regulation
which contravenes any portion of the provisions of this section shall
first require the consent of the parent or legal guardian of the minor or
minors concerned.
