Sec. 106.01: Definition

• Minor: A person under 21 years of age.

• First established in 1977 and has been amended several times: 1981, 1985.

Sec. 106.02: Purchase of Alcohol by a Minor

• Offense: A minor commits an offense if they purchase an alcoholic beverage.

• Exception: No offense if the purchase is made under the immediate supervision of a commissioned peace officer enforcing this code.

• Punishment: As provided by Section 106.071.

Sec. 106.025: Attempt to Purchase Alcohol by a Minor

• Offense: A minor commits an offense with the intent to purchase and takes actions beyond mere preparation that fail to effect the offense.

• Punishment: As provided by Section 106.071.

Sec. 106.03: Sale to Minors

• Offense: Selling an alcoholic beverage to a minor due to criminal negligence.

• Defense for Suppliers: No offense if the minor falsely claims to be 21 or older using valid ID issued by a governmental entity. Valid ID includes:

  • Driver's license

  • Passport

  • Military ID

• Class A Misdemeanor: For selling alcohol to a minor with criminal negligence.

Sec. 106.04: Consumption of Alcohol by a Minor

• Offense: A minor commits an offense if they consume an alcoholic beverage.

• Affirmative Defense: If consumed in the visible presence of an adult parent, guardian, or spouse.

• Repeat Offenders: A minor with multiple prior convictions is not eligible for deferred disposition.

• Exception: No offense if the minor reports a possible alcohol overdose or a sexual assault as outlined in further subsections.

Sec. 106.041: Driving or Operating Watercraft Under Alcohol Influence by Minor

• Offense: Committing an offense operating a motor vehicle or watercraft with any detectable alcohol.

• Class C Misdemeanor: Standard punishment, with enhanced penalties for repeat offenders.

• Community Service: May be mandated related to alcohol misuse prevention.

Sec. 106.05: Possession of Alcohol by a Minor

• Offense: Minor commits an offense if possessing an alcoholic beverage unless exceptions apply:

  • Employed by a permittee, and it’s part of job duties.

  • In the presence of a guardian or parent.

  • Under the supervision of a peace officer.

  • Lawfully provided under specific provisions.

• No offense if reporting an alcohol overdose or sexual assault per defined terms.

Sec. 106.06: Purchase of Alcohol for a Minor; Furnishing Alcohol to a Minor

• Offense: If a person purchases or provides alcohol to a minor, unless they are the minor’s guardian or fulfilling specified conditions.

• Class A Misdemeanor: Standard punishment, but classified as state jail felony in severe cases involving injury or death.

Sec. 106.07: Misrepresentation of Age by a Minor

• Offense: A minor falsely states their age as 21 or older or presents fake ID documentation.

• Punishment: As outlined in Section 106.071.

Sec. 106.071: Punishment for Alcohol-Related Offense by Minor

• Applicable to several minor offenses detailed in this chapter.

• Class C Misdemeanor: General classification, with harsher penalties for minors with prior convictions.

Sec. 106.12: Expunction of Conviction or Arrest Records of a Minor

• Minors can apply for expungement of records if they have not committed more than one violation of the code.

• The expungement process includes requirements for submission and limitations based on prior offenses.

Sec. 106.13: Sanctions Against Retailer

• Retailers may face license suspension or cancellation for selling to minors, depending on the frequency of offenses.

  • First Offense: Suspension for up to 90 days.

  • Second Offense: Suspension for up to 6 months.

  • Third Offense: Potential license cancellation.

Sec. 106.14: Actions of Employee

• Employee actions won't implicate the employer if set training requirements are met and no encouragement to violate the law is shown.

Sec. 106.15: Prohibited Activities by Persons Younger Than 18

• Youth under 18 cannot perform certain dance activities for benefits in licensed premises.

• Class A Misdemeanor: Penalties and license suspensions apply for violations.

Sec. 106.16: Exception for Certain Coursework

• Minors aged 18 or older enrolled in certain higher education programs may legally taste alcohol under supervised circumstances for educational purposes.

Sec. 106.17: Presence of Persons at Sexually Oriented Business

• Individuals under 18 cannot be present in establishments where sexually oriented businesses operate unless complying with strict regulations.