Can I Go to Jail for Selling Alcohol to a Minor in Illinois?

 Posted on October 22, 2024 in Underage Drinking

Underage drinking is a crime many people are aware of, but few understand how serious it actually is. Whether you are a private individual or a licensed alcohol vendor, selling, delivering, and giving alcohol to anyone younger than 21 can be punished severely. With Illinois law enforcement cracking down on the sale of alcohol to minors, it is more important than ever to understand the law and possible charges you could face for violating it. If you are concerned about liability for a potential violation, speak with an experienced Elgin, IL criminal defense attorney to learn more.

When Can Someone Be Charged for Selling Alcohol to Minors?

Three main elements need to be present for someone to be accused of violating the Illinois law prohibiting the sale of alcohol to minors. These include:

• He or she knowingly delivered, sold, or gave alcohol to someone.
• The person he or she delivered, sold, or gave the alcohol to was under 21.
• He or she should have reasonably known that the person who received the alcohol was under 21.

If all three conditions are met, the person who provided the alcohol can be charged.

What Are the Penalties for Selling Alcohol to Minors?

When someone is accused of selling alcohol to an underage buyer for the first time, he or she can face charges of a Class A misdemeanor, which can carry fines of up to $2,500 and up to one year in jail. The liquor store that sold the alcohol can also face administrative penalties, including suspending or revoking their liquor license. If a minor gets injured as a result of consuming the alcohol that was sold illegally, the person who sold it can also face a civil lawsuit for damages.

If it is a second offense, the seller can be charged with a Class 4 felony, which carries a prison sentence of 1-3 years and fines of up to $25,000. Additionally, the seller might be ordered to pay restitution for damages or losses to victims and will have a permanent criminal record, which can affect future housing, employment, education, and other aspects of life.

What Are Common Defenses against Charges for Selling Alcohol to Minors?

There are a few ways you can demonstrate your innocence if you are accused of selling alcohol to someone underage, including:

• Lack of intent or knowledge: If the minor provided a fake ID and you can show that you took proper steps to check the buyer’s age, you might not be liable. If you did not know that you were selling alcohol to someone underage, this also indicates a lack of intent.
• Entrapment: If a law enforcement officer went undercover to try to catch you selling alcohol to minors but took active steps to make the sale happen, you could claim that you were induced or coerced into doing something that you otherwise would not have done.

Schedule a Free Consultation with a Kane County, IL Criminal Defense Lawyer

If you are concerned about being charged for selling alcohol to minors, contact an aggressive Aurora, IL criminal defense attorney who can fight for you. At The Law Office of Brian J. Mirandola, we provide strong defenses and protect our clients’ rights regardless of the charges. Call us at 847-488-0889 to schedule a free consultation.