§ 13A-11-10.1 — Open House Parties; When Not Allowed to Continue; Exceptions; Penalties

Alabama § 13A-11-10.1

• Jurisdiction: Alabama
• Title 13A: Criminal Code
• Ch. 11: Offenses Against Public Order and Safety
• Art. 1: Offenses Against Public Order and Decency

Text

(a) As used in this section, the following words have the following meanings:
(1) ADULT. A person who, pursuant to state law, may possess alcoholic beverages.
(2) ADULT HAVING CONTROL OF A RESIDENCE. An adult who has sanctioned an open house party and who is in attendance.
(3) ALCOHOLIC BEVERAGE. The meaning ascribed in Section 28-3-1.
(4) CONTROLLED SUBSTANCE. The meaning ascribed in Section 20-2-2.
(5) OPEN HOUSE PARTY. A social gathering at a residence.
(6) REASONABLE ACTION. The act of ejecting a person from a residence or requesting law enforcement officials to eject a person from a residence.
(7) RESIDENCE. A home, apartment, condominium, country club, motel, hotel, or any other unit designed for dwelling.
(b) No adult having control of any residence, who has authorized an open house party at the residence and is in attendance at the party, shall allow the open house party to continue if all of the following occur:
(1) Alcoholic beverages or controlled substances are illegally possessed or illegally consumed at the residence by a person under the age of 21.
(2) The adult knows that an alcoholic beverage or controlled substance is in the illegal possession of or is being illegally consumed by a person under the age of 21 at the residence.
(3) The adult fails to take reasonable action to prevent illegal possession or illegal consumption of the alcoholic beverage or controlled substance.
(c) Any adult who violates this section shall be guilty of a Class B misdemeanor.

Legislative History

(Acts 1994, No. 94-580, §§1-3.)