Indiana § 7.1-5-7-5.1 Defenses of permittee to charge of unlawfully furnishing alcoholic
beverage to minor

Indiana Statutes

§ 7.1-5-7-5.1 — Defenses of permittee to charge of unlawfully furnishing alcoholic beverage to minor

Indiana § 7.1-5-7-5.1

Art. 5CRIMES AND INFRACTIONS

Ch. 7Minors

This text of Indiana § 7.1-5-7-5.1 (Defenses of permittee to charge of unlawfully furnishing alcoholic beverage to minor) is published on Counsel Stack Legal Research, covering Indiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ind. Code § 7.1-5-7-5.1 (2026).

Text

1.

(a)A permittee in a criminal prosecution or in a proceeding before the commission or a local board based upon a charge of unlawfully furnishing an alcoholic beverage to a minor may offer either or both of the following proofs as a defense or defenses to the prosecution or proceeding:

(1)That:

(A)the purchaser:

(i)falsely represented the purchaser's age in a written statement, such as that prescribed by subsection (b), supported by two (2) forms of identification showing the purchaser to be at least twenty-one (21) years of age;

(ii)produced a driver's license bearing the purchaser's photograph;

(iii)produced a photographic identification card, issued under IC 9-24-16-1 or a similar card, issued under the laws of another state or the federal government, showing that the purchaser w

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1. (a) A permittee in a criminal prosecution or
in a proceeding before the commission or a local board based upon a
charge of unlawfully furnishing an alcoholic beverage to a minor may
offer either or both of the following proofs as a defense or defenses to
the prosecution or proceeding:
(1) That:
(A) the purchaser:
(i) falsely represented the purchaser's age in a written
statement, such as that prescribed by subsection (b),
supported by two (2) forms of identification showing the
purchaser to be at least twenty-one (21) years of age;
(ii) produced a driver's license bearing the purchaser's
photograph;
(iii) produced a photographic identification card, issued
under IC 9-24-16-1 or a similar card, issued under the laws of
another state or the federal government, showing that the
purchaser was of legal age to make the purchase; or
(iv) produced a government issued document bearing the
purchaser's photograph and showing the purchaser to be at
least twenty-one (21) years of age;
(B) the appearance of the purchaser was such that an ordinary
prudent person would believe the purchaser to be of legal age
to make the purchase; and
(C) the sale was made in good faith based upon the reasonable
belief that the purchaser was actually of legal age to make the
purchase.
(2) That the permittee or the permittee's agent had taken all
reasonable precautions in instructing the permittee's employees,
in hiring the permittee's employees, and in supervising them as to
sale of alcoholic beverages to minors.
(b) The following written statement is sufficient for the purposes of
subsection (a)(1)(A)(i):
I understand that misrepresentation of age to induce the sale,
service, or delivery of alcoholic beverages to me is cause for my arrest
and prosecution, which can result in punishment as follows:
(1) Possible payment of a fine of up to $500.
(2) Possible imprisonment for up to 60 days.
(3) Possible loss or deferment of driver's license privileges for up
to one year.
(4) Possible requirement to participate in an alcohol education or
treatment program.