Crimes Code

Pennsylvania DUI Association

TITLE 18

CRIMES CODE

Section 6307.  Misrepresentation of Age to Secure Liquor or Malt or Brewed Beverages.

(a)  Offense defined. – A person is guilty of a summary offense for a first violation and a misdemeanor of the third degree for any subsequent violations if he, being under the age of 21 years, knowingly and falsely represents himself to be 21 years of age or older to any licensed dealer, distributor or other person, for the purpose of procuring or having furnished to him, any liquor or malt or brewed beverages.

(b)  Minimum penalty. – In addition to any other penalty imposed pursuant to section 6310.4 (relating to restriction of operating privileges) or this title or other statute, a person who is convicted of violating subsection (a) may be sentenced to pay a fine of not more than $500 for subsequent violations. No court shall have the authority to suspend any sentence as defined in this section.

(c)  Adjudication of delinquency. – In addition to any other disposition authorized by law, a person adjudicated delinquent under subsection (a) may be ordered to pay a fine not exceeding $500 for an adjudication of delinquency.

(d)  Pre-adjudication disposition.

(1)  When a person is charged with violating subsection (a), the court may admit the offender to an adjudication alternative program under 42 Pa.C.S. §1520 (relating to adjudication alternative program) or to any other preadjudication disposition, if the offender has not previously received a preadjudication disposition for violating subsection (a).

(2)  The use of a preadjudication disposition shall be considered a first or subsequent offense, whichever is applicable, for the purpose of further adjudication under this section or under section 6310.4.

 

Section 6308.  Purchase, Consumption, Possession or Transportation of Liquor or Malt or Brewed Beverages.

(a)  Offense defined. – A person commits a summary offense if he, being less than 21 years of age, attempts to purchase, purchases, consumes, possesses or knowingly and intentionally transports any liquor or malt or brewed beverages, as defined in section 6310.6 (relating to definitions).

(b)  Penalty. – In addition to the penalty imposed pursuant to section 6310.4 (relating to restriction of operating privileges), a person convicted of violating subsection (a) may be sentenced to pay a fine of not more than $500 for the second and each subsequent violation.

(c)  Preadjudication disposition. –

(1)   When a person is charged with violating subsection (a), the district justice may admit the offender to the adjudication alternative as authorized in 42 Pa.C.S. §1520 (relating to adjudication alternative program) or any other preadjudication disposition if the offender has not previously received a preadjudication disposition for violating subsection (a).

(2)   The use of a preadjudication disposition shall be considered a first or subsequent offense, whichever is applicable, for the purpose of further adjudication under this section or under section 6310.4.

(d)  Notification. – The police department making an arrest for a suspected violation of subsection (a) shall so notify the parents or guardian of the minor charged.

(e) Exception for compliance checks.-

(1)   An individual who is under 21 years of age may purchase, attempt to purchase, possess or transport liquor or malt or brewed beverages if all of the following apply:

(i)            The individual is at least 18 years of age.

(ii)          The individual is an officer, employee or intern of the Bureau of Liquor Control Enforcement of the Pennsylvania State Police.

(iii)         The individual has completed training specified by the bureau.

(iv)        The individual is acting within the scope of prescribed duties.

(v)          The individual is acting under the direct control or supervision of a bureau officer who is an adult.

(2)   Under no circumstances may individuals under 21 years of age consume liquor or malt or brewed beverages.

(3)   The Pennsylvania State Police shall promulgate regulations prescribing the manner in which compliance checks are to be performed.

(4)   Compliance checks under this subsection shall be conducted in a manner consistent with the regulations.  Regulations shall require, at a minimum, all of the following:

(i)            Prior to participation in the compliance check, the officer, employee or intern shall undergo training approved by the Bureau of Liquor Control Enforcement.

(ii)          A person licensed to sell liquor or malt or brewed beverages that is found to be in compliance with this section during a compliance check shall be notified in writing of the compliance check and the determinations of compliance.

(iii)         A person licensed to sell liquor or malt or brewed beverages that is found to be noncompliant with this section during a compliance check shall be immediately verbally advised by the supervising Bureau officer and shall be notified in writing of the failure to comply within ten working days of the date of the compliance check.

Note – The exception for compliance checks was effective on February 1, 2003 and will expire on December 31, 2007 unless sooner reauthorized by the General Assembly.

 

Section 6309.  Representing that Minor is of Age.

(a)  Offense defined. – A person is guilty of a misdemeanor of the third degree if he knowingly, willfully, and falsely represents to any licensed dealer, or other person, any minor to be of full age, for the purpose of inducing any such licensed dealer or other person, to sell or furnish any liquor or malt or brewed beverages, as defined in section 6310.6 (relating to definitions), to the minor.

(b)  Minimum penalty. – In addition to any other penalty imposed pursuant to this title or other statute, a person committing an offense under this section shall be sentenced to pay a fine of not less than $300. There shall be no authority in any court to impose on an offender any lesser sentence than the minimum sentence mandated by this subsection. In no case shall the sentence exceed the maximum sentence prescribed by law.  No court shall have the authority to suspend any sentence as defined in this section.

 

Section 6310.  Inducement of Minors to Buy Liquor or Malt or Brewed Beverages.

(a)  Offense defined. – A person is guilty of a misdemeanor of the third degree if he hires or requests or induces any minor to purchase, or offer to purchase, liquor or malt or brewed beverages, as defined in section 6310.6 (relating to definitions), from a duly licensed dealer for any purpose.

(b)  Minimum penalty. – In addition to any other penalty imposed pursuant to this title or other statute, a person convicted of an offense under this section shall be sentenced to pay a fine of not less than $300. There shall be no authority in any court to impose on an offender any lesser sentence than the minimum sentence mandated by this subsection. Nothing in this section shall prevent the sentencing court from imposing a sentence greater than the minimum sentence mandated in this subsection. In no case shall the sentence exceed the maximum sentence prescribed by law. No court shall have the authority to suspend any sentence as defined in this section.

( c)  Exception for compliance checks.-

(1)  An individual who is under 21 years of age may purchase, attempt to purchase, possess or transport liquor or malt or brewed beverages if all of the following apply:

(i)            The individual is at least 18 years of age.

(ii)          The individual is an officer, employee or intern of the Bureau of Liquor Control Enforcement of the Pennsylvania State Police.

(iii)         The individual has completed training specified by the bureau.

(iv)        The individual is acting within the scope of prescribed duties.

(v)          The individual is acting under the direct control or supervision of a bureau officer who is an adult.

(2)   no circumstances may individuals under 21 years of age consume liquor or malt or brewed beverages.

(3)   The Pennsylvania State Police shall promulgate regulations prescribing the manner in which compliance checks are to be performed.

(4)   Compliance checks under this subsection shall be conducted in a manner consistent with the regulations.  Regulations shall require, at a minimum, all of the following:

a.       Prior to participation in the compliance check, the officer, employee or intern shall undergo training approved by the Bureau of Liquor Control Enforcement.

b.      A person licensed to sell liquor or malt or brewed beverages that is found to be in compliance with this section during a compliance check shall be notified in writing of the compliance check and the determinations of compliance.

c.       A person licensed to sell liquor or malt or brewed beverages that is found to be noncompliant with this section during a compliance check shall be immediately verbally advised by the supervising Bureau officer and shall be notified in writing of the failure to comply within ten working days of the date of the compliance check.

Note – The exception for compliance checks is effective on February 1, 2003 and will expire on December 31, 2007 unless sooner reauthorized by the General Assembly.

 

Section 6310.1.  Selling or Furnishing Liquor or Malt or Brewed Beverages to Minors.

(a)  Offense defined. – Except as provided in subsection (b), a person commits a misdemeanor of the third degree if he intentionally and knowingly sells or intentionally and knowingly furnishes, or purchases with the intent to sell or furnish, any liquor or malt or brewed beverages to a person who is less than 21 years of age.

(b)  Exceptions. – The provisions of this section shall not apply to any religious service or ceremony which may be conducted in a private home or a place of worship where the amount of wine served does not exceed the amount reasonably, customarily and traditionally required as an integral part of the service or ceremony.

(c)  Minimum penalty. – In addition to any other penalty imposed pursuant to this title or statute, a person who is convicted of violating subsection (a) shall be sentenced to pay a fine of not less than $1,000 for the first violation and a fine of $2,500 for each subsequent violation. There shall be no authority in any court to impose on an offender any lesser sentence than the minimum sentence mandated by this subsection. No court shall have the authority to suspend any sentence as defined in this section. Nothing in this section shall prevent the sentencing court from imposing a sentence greater than the minimum sentence mandated in this subsection. In no case shall the sentence exceed the maximum sentence prescribed by law.

 

Section 6310.2.  Manufacture or Sale of False Identification Card.

(a)  Offense defined. – A person commits a misdemeanor of the second degree if he intentionally, knowingly or recklessly manufactures, makes, alters, sells or attempts to sell an identification card falsely representing the identity, birth date or age of another.

(b)  Minimum penalty. – In addition to any other penalty imposed pursuant to this title or any other statute, a person who is convicted of violating subsection (a) shall be sentenced to pay a fine of not less than $1,000 for the first violation and a fine of not less than $2,500 for each subsequent violation. There shall be no authority in any court to impose on an offender any lesser sentence than the minimum sentence mandated by this subsection. In no case shall the sentence exceed the maximum sentence prescribed by law. No court shall have the authority to suspend any sentence as defined in this section.

(c)  Adjudication of delinquency. – In addition to any other disposition authorized by law, a person adjudicated delinquent under subsection (a) shall be ordered to pay a fine of $500 for the first adjudication of delinquency and a fine of $1,000 for each subsequent adjudication of delinquency.

 

Section 6310.3.  Carrying a False Identification Card.

(a)  Offense defined. – A person commits a summary offense for a first violation and a misdemeanor of the third degree for any subsequent violation if he, being under 21 years of age, possesses an identification card falsely identifying that person by name, age, date of birth or photograph as being 21 years of age or older or obtains or attempts to obtain liquor or malt or brewed beverages by using the identification card of another or by using an identification card that has not been lawfully issued to or in the name of that person who possesses the card.

(b)  Minimum penalty. – In addition to any other penalty imposed pursuant to section 6310.4 (relating to restriction of operating privileges) or any other statute, a person who is convicted of violating subsection (a) shall be sentenced to pay a fine of not more than $500 for the second and subsequent violations. No court shall have the authority to suspend any sentence as defined in this section.

(c)  Adjudication of delinquency. – In addition to any other disposition authorized by law, a person adjudicated delinquent under subsection (a) may be ordered to pay a fine not exceeding $500 for an adjudication of delinquency.

(d)  Preadjudication disposition. –

(1)   When a person is charged with violating subsection (a), the court may admit the offender to the adjudication alternative as authorized in 42 Pa.C.S. §1520 (relating to adjudication alternative program) or any other preadjudication disposition if the offender has not previously received a preadjudication disposition for violating subsection (a).

(2)   The use of a preadjudication disposition shall be considered a first or subsequent offense, whichever is applicable, for the purpose of further adjudication under this section or under section 6310.4.

(e)  Notification. – The police department making an arrest for a suspected violation of subsection (a) shall so notify the parents or guardian of the minor charged.

 

Section 6310.4.  Restriction of Operating Privileges.

(a)  General rule. – Whenever a person is convicted or is adjudicated delinquent or is admitted to any preadjudication program for a violation of section 6307 (relating to misrepresentation of age to secure liquor or malt or brewed beverages), 6308 (relating to purchase, consumption, possession or transportation of liquor or malt or brewed beverages) or 6310.3 (relating to carrying a false identification card), the court, including a court not of record if it is exercising jurisdiction pursuant to 42 Pa.C.S. §1515(a) (relating to jurisdiction and venue), shall order the operating privilege of the person suspended. A copy of the order shall be transmitted to the Department of Transportation.

(b)  Duration of suspension. – When the department suspends the operating privilege of a person under subsection (a), the duration of the suspension shall be as follows:

(1)  For a first offense, a period of 90 days from the date of suspension.

(2)  For a second offense, a period of one year from the date of suspension.

(3)   For a third offense, and any offense thereafter, a period of two years from the date of suspension. Any multiple sentences imposed shall be served consecutively.

Reinstatement of operating privilege shall be governed by 75 Pa.C.S. §1545 (relating to restoration of operating privilege).

(c)  Nondrivers. – Any person whose record is received by the Department under subsection (a) and who does not have a driver’s license shall be ineligible to apply for a learner’s permit under 75 Pa.C.S. §§1505 (relating to learners’ permits) and 1507 (relating to application for driver’s license or learner’s permit by minor) for the time periods specified in subsection (b). If the person is under 16 years of age when he is convicted or adjudicated delinquent or admitted to a preadjudication program, his suspension of operating privileges shall commence upon his 16th birthday for the time periods specified in subsection (b).

(d)  Insurance premiums. – An insurer shall not increase premiums, impose any surcharge or rate penalty, or make any driver record point assignment for automobile insurance, nor shall an insurer cancel or refuse to renew an automobile insurance policy on account of a suspension under this section.

 

Section 6310.5.  Predisposition Evaluation.

(a)  General rule. – If an individual is convicted, adjudicated delinquent or offered preadjudication disposition for a violation of section 6307 (relating to misrepresentation of age to secure liquor or malt or brewed beverages), 6308 (relating to purchase, consumption, possession or transportation of liquor or malt or brewed beverages) or 6310.3 (relating to carrying a false identification card), the following shall apply:

(1)   For a first violation of any of the preceding offenses, the court may, in addition to other requirements, require the individual to be evaluated prior to an adjudication of delinquency, sentencing or receiving preadjudication disposition.

(2)   For a subsequent violation of any of the preceding offenses, the court shall, in addition to other requirements, require the individual to be evaluated prior to sentencing or receiving preadjudication disposition.

(3)   Evaluation under this subsection may consist of evaluation techniques if deemed appropriate by the court to determine the extent of the individual’s involvement with alcohol.

(b)  Program of education, intervention and counseling. – Based on the results of the evaluation authorized under subsection (a) and any additional information, the court may require that the person successfully complete a prescribed program of education, intervention or counseling approved by the Department of Health.

(c)  Costs. – Costs of any and all requirements applied under this section shall be in addition to any other penalty required or allowed by law and shall be the responsibility of the person upon whom the requirement is placed.

 

Section 6310.6.  Definitions.

The following words and phrases when used in sections 6307 (relating to misrepresentation of age to secure liquor or malt or brewed beverages) through 6310.3 (relating to carrying a false identification card) shall have the meanings given to them in this section unless the context clearly indicates otherwise:

“Furnish.” To supply, give or provide to, or allow a minor to possess on premises or property owned or controlled by the person charged.

“Identification card.” A driver’s license, a Department of Transportation non-driver’s identification card or a card issued by the Pennsylvania Liquor Control Board for the purpose of identifying a person desiring liquor or malt or brewed beverages, a card which falsely purports to be any of the foregoing, or any card, paper or document which falsely identifies the person by name, photograph, age or date of birth as being 21 years of age or older.

“Liquor.” Includes any alcoholic, spirituous, vinous, fermented or other alcoholic beverage, or combination of liquors and mixed liquor a part of which is spirituous, vinous, fermented or otherwise alcoholic, including all drinks or drinkable liquids, preparations or mixtures and reused, recovered or redistilled denatured alcohol usable or taxable for beverage purposes which contain more than 0.50% of alcohol by volume, except pure ethyl alcohol and malt or brewed beverages.

“Malt or brewed beverages.” Any beer, lager beer, ale, porter or similar fermented malt beverage containing 0.50% or more of alcohol by volume, by whatever name such beverage may be called.

 

Section 6310.7.  Selling or Furnishing Nonalcoholic Beverages to Persons Under 21 Years of Age.

(a)  Offense defined. – A person commits a summary offense if he intentionally and knowingly sells or furnishes nonalcoholic beverages to any person under 21 years of age.

(b)  Definitions. – As used in this section, the term “nonalcoholic beverage” means any beverage intended to be marketed or sold as nonalcoholic beer, wine or liquor having some alcohol content but does not contain more than 0.5% alcohol by volume.

 

Section 6313.  Special Information.

(a)  General rule. – At the time of conviction or admission to a preadjudication disposition for a violation of section 6307 (relating to misrepresentation of age to secure liquor or malt or brewed beverages), 6308 (relating to purchase, consumption, possession or transportation of liquor or malt or brewed beverages) or 6310.3 (relating to carrying a false identification card), the court shall provide to the Department of Transportation, in such form as prescribed by the department, the name of the offender, the offender’s date of birth, the disposition of the case and the duration of any license suspension.

(b)  Availability. – Information under this section shall be available to law enforcement agencies and the judicial system for the purpose of determining whether the offender has a prior record of violation of the offenses listed in subsection (a).

 

Section 7508.1 Substance Abuse Education and Demand Reduction Fund.

(a)  Establishment.- The substance abuse education and demand reduction fund is hereby established as an account in the State Treasury.  This fund shall be administered by the Pennsylvania Commission on Crime and Delinquency and shall be comprised of costs imposed and collected in accordance with the provisions of this section.  All moneys in the fund and the interest accruing thereon are hereby appropriated, upon approval of the Governor, to the Commission to carry out the provisions of this section.

(b)  Imposition. – Unless the Court finds that undue hardship; would result, a mandatory cost of $100, which shall be in addition to any other costs imposed pursuant to statutory authority, shall automatically be assessed on any individual convicted, adjudicated delinquent or granted Accelerated Rehabilitative Disposition, or any individual who pleads guilty or nol contendere for a violation of the Act of April 14, 1972 (P.L.233, No. 64) known as the Controlled Substance, Drug, Device and Cosmetic Act, or a violation of 75 Pa. C.S. Section 3802 (relating to driving under the influence of alcohol or controlled substance).

(c) Additional Assessment. – In addition to the assessment required by subsection (B), a person convicted of or adjudicated delinquent for a violation of 75 Pa. C.S. section 3802 shall be assessed $200 where the amount of alcohol by weight in the blood of the person is equal to or greater than .16 % at the time a chemical test is performed on a sample of the person’s breath, blood or urine.  For the purposes of this subsection, the sample of the person’s blood, breath or urine shall be taken within two hours after the person is placed under arrest.

(d)  Collection.— Costs imposed under this section shall be collected in accordance with Local Court Rules by the Clerk of Courts in the County where the violation has occurred.  Of the amount collected, 50% shall remain in that county to be used for substance abuse treatment or prevention programs, and the remaining 50% shall be deposited into the Substance Abuse Education and Demand Reduction Fund established under this section.

(e) Application. – All costs provided for in this section shall be in addition to and not in lieu of any fine authorized by law or required to be imposed under the Act of November 24, 1998 (P.L. 882 No. 111), known as the Crime Victims Act, or any other law.  Nothing in this section shall be construed to affect, suspend or diminish any other criminal sanction, penalty or property forfeiture permitted by law.

(f) Grants.—Notwithstanding any other provision of law, the Commission shall, upon written application and subsequent approval, use moneys received under this section to award grants to eligible organizations in the following manner:

(1)            No more than 45% of grant moneys awarded annually shall go to programs to provide research-based approaches to prevention, intervention, training, treatment and education services to reduce substance abuse and statewide programs to assist families in accessing such services.

(2)            No more than 20% of grant moneys awarded annually shall go to statewide programs to educate about the dangers of substance abuse and increase the awareness of the benefits of a drug-free Pennsylvania through public service announcement campaigns targeted toward youth, caregivers of youth and employers.

(3)            No more than 20% of grant moneys awarded annually shall go to statewide programs to educate employers, unions and employees about the dangers of substance abuse in the work place and provide comprehensive drug-free workplace programs and technical resources for businesses, including, but not limited to training for working parents to keep their children drug free.

(4)            Ten percent of the grant moneys available to be awarded annually shall be transferred annually to the Community Drug Abuse Prevention grant program within the Office of the Attorney General.

(g) Administration.—The Commission shall develop guidelines, procedures and all applications necessary to implement the grant program.  The Commission shall equitably distribute grant moneys to applicants who apply for grants under subsection (F) (1) and (2) across all classes of counties.  NO more than 5% of total moneys deposited in the fund during a Fiscal year may be used by the Commission to administer the provisions of this section.

(h) Other Initiatives.—Funds disbursed under this section shall not supplant Federal, State or Local funds that would have otherwise been made available for substance abuse prevention, education,  support, treatment and outreach initiatives.

(i)-Definitions. – As used in this section, the following words and phrases shall have the meanings given to them in this subsection:

“Commission.”  The Pennsylvania Commission on Crime and Delinquency.

“Fund.”  The Substance Abuse Education and Demand Reduction Fund established by this section.

This section of the law became effective 02/09/2003