Under Pennsylvania Law it is a crime to furnish, sell, or provide an alcoholic beverage to a minor. But are there any exceptions to that rule? What does case law suggest?

As you may be able to guess, a big exception exists in the form of a religious ceremony (such as Communion). However, the crime still exists (most frequently on college campuses).

The Case

In 1992, the Supreme Court of Pennsylvania in Commonwealth v. Tau Kappa Epsilon, 609 A.2d 791 (Pa. 1992), came down with an opinion regarding the application of the crime furnishing alcohol to minors.

In 1986, two Penn State College Police Officers conducted an investigation of off-campus housing to determine if certain fraternity houses were serving alcohol to minors (those under 18). The two officers would dress in plain clothes and enter randomly selected frat houses, then ask for beer, or observe people believed to be minors drinking. As a result, several minors were convicted of underage drinking and twelve (12) fraternities were charged via the Liquor Code for furnishing beer to minors.

The Legal Issue

Section 493(1) of the Liquor Code states that it is unlawful to furnish "any liquor or male or brewed beverages" to be sold to "any minor." "Malt or Brewed Beverages" is defined as "any beer, lager beer, ale, porter or similar fermented malt beverage containing one-half of one per centum or more of alcohol by volume."

The fraternities argued on appeal that an essential element of the offense charged is that the beverage contained at least 0.5% alcohol by volume, and that the Commonwealth testimony from one of the officers that the liquid tasted like beer and looked like beer was insufficient evidence to convict.

The Holding

The Supreme Court of Pennsylvania agreed and held that the Commonwealth failed to prove beyond a reasonable doubt that the beverages contained one half of one percent or more of alcohol by volume. The Court stated that the mere familiarity with the taste and appearance of beer does not provide the certainty provided from a proper scientific analysis.

Long story short: without evidence of the specific percentage of alcohol by volume contained in the beverages served to the minors, the convictions should be vacated. Therefore the Commonwealth must show specific evidence that the liquid beverage in question contained alcohol in excess of 0.5% in order to convict someone with furnishing alcohol to minors.