KIRKHAM LAW BLOG

Minor in possession and consumption statute: RCW 66.44.270

 

Every once in a while as an attorney you will come across a Law that requires you to look at several different statutes in order to get a clear picture. There are often occasions where you might see lawyers and even judges fail to delve deep enough into a legal scheme. Sentencing for Minor in Possession, consumption and what we refer to as “exhibiting the effects of” is such a statute. At first blush, it appears that a violation of the statute is a gross misdemeanor with penalties up to 364 days in jail and/or a $5000.00 fine. However, that is not true in all cases.

 

RCW 66.44.270 contains two different ways in which minors can be prosecuted for possession or consumption. Section 2a states: “It is unlawful for any person under the age of twenty-one years to possess, consume, or otherwise acquire any liquor. A violation of this subsection is a gross misdemeanor punishable as provided for in chapter 9A.20 RCW.” This makes it illegal for a minor to possess or consume any liquor, which would include alcohol, spirits, wine, and beer. If someone is convicted under this subsection it is a gross misdemeanor. Depending on their age, there might also be license ramifications.

 

Section 2b states: “It is unlawful for a person under the age of twenty-one years to be in a public place, or to be in a motor vehicle in a public place, while exhibiting the effects of having consumed liquor. For purposes of this subsection, exhibiting the effects of having consumed liquor means that a person has the odor of liquor on his or her breath and either: (i) Is in possession of or close proximity to a container that has or recently had liquor in it; or (ii) by speech, manner, appearance, behavior, lack of coordination, or otherwise, exhibits that he or she is under the influence of liquor. This subsection (2)(b) does not apply if the person is in the presence of a parent or guardian or has consumed or is consuming liquor under circumstances described in subsection (4), (5), or (7) of this section.”

 

However, this is where it gets interesting. Unlike section 2a, the statute does not define what a violation of section 2b is. In the case at hand, you must delve further into 66.44 in order to ascertain what penalties someone is facing under section 2b.

 

The answer is found in RCW 66.44.180 and it describes a scheme that the more times you get caught the higher the penalty. General penalties—Jurisdiction for violations.

 

(1) Every person guilty of a violation of this title for which no penalty has been specifically provided:

 

(a) For a first offense, is guilty of a misdemeanor punishable by a fine of not more than five hundred dollars, or by imprisonment for not more than two months, or both;

 

(b) For a second offense, is guilty of a gross misdemeanor punishable by imprisonment for not more than six months; and

 

(c) For a third or subsequent offense, is guilty of a gross misdemeanor punishable by imprisonment for up to three hundred sixty-four days.

 

(2) If the offender convicted of an offense referred to in this section is a corporation, it shall for a first offense be liable to a penalty of not more than five thousand dollars, and for a second or subsequent

offense to a penalty of not more than ten thousand dollars, or to forfeiture of its corporate license, or both.

 

(3) Every district judge and municipal judge shall have concurrent jurisdiction with superior court judges of the state of Washington of all violations of the provisions of this title and may impose any punishment provided therefor.