(6)2.2.5 Unlawful Distribution of Alcohol

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A person is guilty of Unlawful Distribution of Alcohol under this subsection if he or she willfully:

(a) sells, furnishes, delivers, gives, or otherwise distributes any alcoholic beverage to another person; and

(b) does so without lawful authority, license, or statutory exemption permitting such distribution; or

(c) distributes alcohol to a person whom the actor knows, or reasonably should know, is under the legal age to possess or consume alcohol.

(d) Distribution under this subsection includes both direct and indirect transfers, whether or not consideration, payment, or remuneration is exchanged.

(e) This subsection shall not require proof of commercial activity, profit motive, or ongoing enterprise beyond the act of unlawful distribution itself.

(f) This subsection shall not apply to:

  • distribution authorized by a valid license, permit, or statutory exception;
  • lawful furnishing of alcohol in private settings where expressly permitted by statute;
  • conduct constituting mere possession without transfer to another person.

Unlawful Distribution of Alcohol is a Gross Misdemeanor.

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