§712-1250.5 Promoting intoxicating liquor to a person under the age of twenty-one. (1) A person, including any licensee as defined in section 281-1, commits the offense of promoting intoxicating liquor to a person under the age of twenty-one if the person recklessly:
(a) Sells or offers for sale, influences the sale, serves, delivers, or gives to a person intoxicating liquor, and the person receiving the intoxicating liquor is a person under the age of twenty-one; or
(b) Permits a person to possess intoxicating liquor while on property under his control, and the person possessing the intoxicating liquor is a person under the age of twenty-one.
(2) It is a defense to a prosecution for promoting intoxicating liquor to a person under the age of twenty-one that:
(a) The intoxicating liquor provided to the person under the age of twenty-one was an ingredient in a medicine prescribed by a licensed physician for medical treatment of the person under the age of twenty-one;
(b) The intoxicating liquor was provided to the person under the age of twenty-one as part of a ceremony of a recognized religion;
(c) The defendant provided the intoxicating liquor to the person under the age of twenty-one with the belief, which was reasonable under the circumstances, that the person under the age of twenty-one had attained the age of twenty-one;
(d) The defendant provided the intoxicating liquor to the person under the age of twenty-one with the express consent of the parent or legal guardian and with the belief, which was reasonable under the circumstances, that the person under the age of twenty-one would not consume any portion of the substance;
(e) The defendant provided the intoxicating liquor to the person under the age of twenty-one with the express consent of the parent or legal guardian and with the belief, which was reasonable under the circumstances, that the person under the age of twenty-one would consume the substance only in the presence of the parent or legal guardian; or
(f) The intoxicating liquor was possessed by the person under the age of twenty-one to be sold or served as allowed by law.
(3) The fact that a person engaged in the conduct specified by this section is prima facie evidence that the person engaged in that conduct with knowledge of the character, nature, and quantity of the intoxicating liquor possessed, distributed, or sold.
The fact that the defendant distributed or sold intoxicating liquor to a person under the age of twenty-one is prima facie evidence that the defendant knew the transferee was a person under the age of twenty-one, except as provided in subsection (2)(c).
(4) Promoting intoxicating liquor to a person under the age of twenty-one is a misdemeanor. [L 1984, c 122, §1; am L 1986, c 342, §4; am L 1987, c 283, §70; am L 1991, c 206, §2; am L 1992, c 207, §2; am L 2006, c 203, §2; am L 2013, c 54, §1]
Cross References
Overdose prevention; limited immunity, see §329-43.6.
COMMENTARY ON §712-1250.5
Act 122, Session Laws 1984, added the new offense of promoting intoxicating liquor to a minor which prohibits persons from giving liquor to a minor, or allowing a minor to possess intoxicating liquor on property under that person's control. The legislature believed that the passage of this Act would reduce the number of drunk drivers and deaths resulting from drunk driving. Senate Conference Report No. 40.
Act 207, Session Laws 1992, removed the repeal date of Act 342, Session Laws of Hawaii 1986, to permanently raise the minimum drinking age to twenty-one. Conference Committee Report No. 9.
Act 203, Session Laws 2006, clarified that individuals who promote liquor to minors are persons who knowingly sell, offer for sale, influence the sale, serve, deliver, or give intoxicating liquor to a person under the age of twenty-one. House Standing Committee Report No. 1127-06.
Act 54, Session Laws 2013, amended this section to curtail underage drinking by requiring a reckless rather than a knowing state of mind for the misdemeanor crime of promoting intoxicating liquor to a person under the age of twenty-one. The legislature believed that this Act would help increase compliance with the law by necessitating identification checks, at minimum, for those that hold liquor licenses, as well as hold accountable those persons who allow or influence the sale, possession, or consumption of alcohol to a person under the age of twenty-one. House Standing Committee Report No. 1230, Senate Standing Committee Report No. 529.
Structure Hawaii Revised Statutes
712. Offenses Against Public Health and Morals
712-1200 Prostitution. §711-1200 Commentary:
712-1200.5 Commercial sexual exploitation.
712-1201 Advancing prostitution; profiting from prostitution; definition of terms.
712-1203 Promoting prostitution.
712-1204 REPEALED. § §712-1201 To 712-1204 Commentary:
712-1206 Loitering for the purpose of engaging in or advancing prostitution.
712-1207 Street prostitution and commercial sexual exploitation; designated areas.
712-1208 Promoting travel for prostitution.
712-1209 Commercial sexual exploitation near schools or public parks.
712-1209.1 Commercial sexual exploitation of a minor.
712-1209.5 Habitual commercial sexual exploitation.
712-1209.6 Prostitution; motion to vacate conviction.
712-1210 Definitions of terms in this part.
712-1211 Displaying indecent matter. §712-1211 Commentary:
712-1213 Displaying indecent material; prima facie evidence. §712-1213 Commentary:
712-1214 Promoting pornography. §712-1214 Commentary:
712-1215 Promoting pornography for minors. §712-1215 Commentary:
712-1215.5 Promoting minor-produced sexual images in the first degree.
712-1215.6 Promoting minor-produced sexual images in the second degree.
712-1216 Promoting pornography; prima facie evidence. §712-1216 Commentary:
712-1216.5 Importation, sale, or possession of a childlike sex doll.
712-1217 Open lewdness. §712-1217 Commentary:
712-1218 Failure to maintain age verification records of sexual performers.
712-1218.5 Failure to maintain age verification records of sexually exploited individuals.
712-1220 Definitions of terms in this part.
712-1221 Promoting gambling in the first degree.
712-1222 Promoting gambling in the second degree.
712-1223 Gambling. § §712-1221 To 712-1223 Commentary:
712-1224 Possession of gambling records in the first degree.
712-1225 Possession of gambling records in the second degree.
712-1226 Possession of a gambling device. § §712-1224 To 712-1226 Commentary:
712-1227 Possession of gambling records; defense.
712-1228 Gambling offenses; prima facie evidence.
712-1229 Lottery offenses; no defense.
712-1230 Forfeiture of property used in illegal gambling. §712-1230 Commentary:
712-1231 Social gambling; definition and specific conditions, affirmative defense.
712-1232 Savings promotion or prize-linked savings contest not gambling.
712-1240 Definitions of terms in this part.
712-1240.1 Defense to promoting.
712-1240.5 Manufacturing a controlled substance with a child present.
712-1240.7 Methamphetamine trafficking.
712-1240.9 Methamphetamine trafficking; restitution and reimbursement.
712-1241 Promoting a dangerous drug in the first degree.
712-1242 Promoting a dangerous drug in the second degree.
712-1243 Promoting a dangerous drug in the third degree.
712-1244 Promoting a harmful drug in the first degree.
712-1245 Promoting a harmful drug in the second degree.
712-1246 Promoting a harmful drug in the third degree.
712-1246.5 Promoting a harmful drug in the fourth degree.
712-1247 Promoting a detrimental drug in the first degree.
712-1248 Promoting a detrimental drug in the second degree.
712-1249 Promoting a detrimental drug in the third degree.
712-1249.4 Commercial promotion of marijuana in the first degree.
712-1249.5 Commercial promotion of marijuana in the second degree.
712-1249.7 Promoting a controlled substance through a minor.
712-1250 Promoting intoxicating compounds. § §712-1241 To 712-1250 Commentary:
712-1250.5 Promoting intoxicating liquor to a person under the age of twenty-one.
712-1251 Possession in a motor vehicle; prima facie evidence.
712-1253 Penalties under other laws.
712-1255 Conditional discharge.
712-1256 Expunging of court records.
712-1257 Prohibited cigarette sales of less than twenty.
712-1258 Tobacco products and electronic smoking devices; persons under twenty-one years of age.
712-1273 Suit to have precedence.
712-1274 Failure to prosecute.
712-1277 Owner not guilty of contempt; may pay costs.
712-1278 Fine, costs, lien on place.