Nevada NRS 202.055 makes it a misdemeanor to furnish alcohol to persons under 21 years of age. Penalties include up to six months in jail and/or $1,000 in fine.

The law does not apply to a minor’s parents, guardians or physicians. Merchants who sell alcohol to minors face a $500 fine and the loss of their liquor and business licenses.

NRS 202.055 states:

Every person who knowingly:

(a) Sells, gives or otherwise furnishes an alcoholic beverage to any person under 21 years of age;

(b) Leaves or deposits any alcoholic beverage in any place with the intent that it will be procured by any person under 21 years of age; or

(c) Furnishes, gives, or causes to be given any money or thing of value to any person under 21 years of age with the knowledge that the money or thing of value is to be used by the person under 21 years of age to purchase or procure any alcoholic beverage,

is guilty of a misdemeanor.

In this article, our Las Vegas criminal defense attorneys address the following topics re. furnishing alcohol to minors:

• 1. Elements
• 2. Penalties
• 3. Will sellers lose their license?
• 4. Defenses
• 5. Immigration Consequences
• 6. Record Seals
• Additional Reading

Nevada’s law prohibiting “furnishing alcohol to minors” does not apply to parents.

1. Elements

Nevada prohibits knowingly selling or providing (“furnishing”) alcohol to a person under 21. NRS 202.055 also forbids:

• Leaving alcohol with the intent for a minor to take it, or
• Giving money (or anything of value) to minors while knowing they will use it to get alcohol.

Nevada law mandates that people who sell or distribute alcohol over the internet employ safeguards to help prevent minors from receiving it. These include:

• Requiring the signature of a 21-or-older recipient, and
• Clearly marking the packaging as containing alcohol.¹

People under 21 with alcohol risk being arrested themselves. Adults ages 18 to 20 face criminal charges for being a minor in possession of alcohol. Meanwhile, children under 18 face juvenile delinquency charges.

2. Penalties

Knowingly selling or giving alcohol to a minor in Nevada is a misdemeanor. The penalty includes:

• Up to 6 months in jail, and/or
• Up to $1,000 in fines

Merchants who adopt no safeguard keeping minors from obtaining alcohol online face a $500 fine.²

Nevada law prohibits adults from furnishing booze to kids.

3. Will sellers lose their license?

Possibly. A local board of commissioners hands down administrative penalties. It can revoke a merchant’s liquor and business licenses for selling to a minor.

Merchants have the right to a hearing to contest the revocation. If they do lose their license, they may be able to get another one at a later time.³

4. Defenses

There are various strategies for fighting Nevada charges of furnishing alcohol to a person under 21. In our experience, the following three defenses have proven very effective with prosecutors and judges at getting these charges dismissed.

1. You did not know that the minor was under 21. Perhaps the minor had a fake ID, and you genuinely believed the minor was at least 21. As long as the D.A. cannot prove beyond a reasonable doubt that you knew that the minor was underage, the charges should be dropped.
2. NRS 202.055 does not apply to you. Parents, physicians, and guardians are permitted to furnish alcohol to underage people in a responsible way. For example, parents allowing their kids a sip of champagne on New Year’s or during another special occasion is not criminal. (Note that if you allow the children in your care to drink excessively, you could potentially face charges for child abuse or contributing to the delinquency of a minor.)
3. The minor took the alcohol without your knowledge. Prosecutors understand that some minors go to any lengths to obtain alcohol. You should not be held liable for minors who secretly and deviously obtain alcohol without your knowledge.

Example: Teenage Jasper sneaks into Lee’s Liquor in North Las Vegas. He steals a bottle of vodka. An undercover officer witnesses Jasper leaving with the bottle. The offer arrests the cashier for furnishing alcohol to a minor. The cashier’s defense attorney obtains surveillance video. It shows Jasper covertly leaving with the vodka. Jasper took the alcohol without the cashier’s knowledge. Therefore, the cashier committed no crime.

Many minors have fake IDs, which can be a defense against NRS 202.055 charges as long as you did not know the ID was fake. Learn more about fake ID crimes.

5. Immigration Consequences

Yes. Knowingly providing alcohol to minors is potentially a crime involving moral turpitude. Therefore, non-citizens convicted of it risk deportation.⁴

Some prosecutors are willing to reduce or dismiss charges. However, getting an attorney may be necessary to win a favorable plea bargain.

6. Record Seals

Yes. You may seal your NRS 202.055 convictions in Nevada one year after the case ends. Meanwhile, dismissals are sealable right away.⁵ Learn how to seal Nevada criminal records.

Additional Reading

For related information, refer to these scholarly articles:

• Truancy: It’s Not About Skipping School – Child and Adolescent Social Work Journal.
• Truants’ Perceptions of Family Factors as Causes of School Truancy and Non-attendance – Journal of Psychology.
• Contributing to Delinquency: An Exercise in Judicial Speculation – Akron Law Review.
• Factors Contributing to Juvenile Delinquency – American Institute of Criminal Law & Criminology.
• Contributing to Delinquency – St. Louis University Law Journal.

Legal References