Legal Question in Education Law in Missouri

question re: underage drinking party

My mother in law lives down the street and will be out of town tomorrow. She is allowing her other son to have an after prom party where there will be alcohol (she is not providing the alcohol and he is taking the keys). My husband (we don't live with them) knows about the party and has volunteered to check on them periodically through the night. If something happens, would my husband and I be at risk of being liable?


Asked on 5/02/08, 9:43 am

1 Answer from Attorneys
Anthony DeWitt Bartimus, Frickleton Robertson & Gorny, PC

Re: question re: underage drinking party

There is a new state law that could impose both civil and criminal sanctions against your husband and your mother-in-law. 311.310.2 provides:

2. Any owner, occupant, or other person or legal entity with a lawful right to the exclusive use and enjoyment of any property who knowingly allows a person under the age of twenty-one to drink or possess intoxicating liquor or knowingly fails to stop a person under the age of twenty-one from drinking or possessing intoxicating liquor on such property, unless such person allowing the person under the age of twenty-one to drink or possess intoxicating liquor is his or her parent or guardian, is guilty of a class B misdemeanor. Any second or subsequent violation of this subsection is a class A misdemeanor.

In other words, your husband is an "other person" and your mother-in-law is an owner of property and if she knowingly allows consumption of alcohol she is guilty of a misdemeanor.

Do not allow this to happen. Your mother-in-law would also be civilly liable if anyone is hurt driving home.

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Answered on 5/02/08, 2:59 pm


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