123.47 - PERSONS UNDER LEGAL AGE -- PENALTY.
123.47 PERSONS UNDER LEGAL AGE -- PENALTY.
1. A person shall not sell, give, or otherwise supply alcoholic
liquor, wine, or beer to any person knowing or having reasonable
cause to believe that person to be under legal age.
2. A person or persons under legal age shall not purchase or
attempt to purchase, or individually or jointly have alcoholic
liquor, wine, or beer in their possession or control; except in the
case of liquor, wine, or beer given or dispensed to a person under
legal age within a private home and with the knowledge, presence, and
consent of the parent or guardian, for beverage or medicinal purposes
or as administered to the person by either a physician or dentist for
medicinal purposes and except to the extent that a person under legal
age may handle alcoholic beverages, wine, and beer during the regular
course of the person's employment by a liquor control licensee, or
wine or beer permittee under this chapter.
3. a. A person who is under legal age, other than a licensee
or permittee, who violates this section regarding the purchase of or
attempt to purchase alcoholic liquor, wine, or beer, or possessing or
having control of alcoholic liquor, wine, or beer, commits the
following:
(1) A simple misdemeanor punishable as a scheduled violation
under section 805.8C, subsection 7.
(2) A second offense shall be a simple misdemeanor punishable by
a fine of five hundred dollars. In addition to any other applicable
penalty, the person in violation of this section shall choose between
either completing a substance abuse evaluation or the suspension of
the person's motor vehicle operating privileges for a period not to
exceed one year.
(3) A third or subsequent offense shall be a simple misdemeanor
punishable by a fine of five hundred dollars and the suspension of
the person's motor vehicle operating privileges for a period not to
exceed one year.
b. The court may, in its discretion, order the person who is
under legal age to perform community service work under section
909.3A, of an equivalent value to the fine imposed under this
section.
c. If the person who commits a violation of this section is
under the age of eighteen, the matter shall be disposed of in the
manner provided in chapter 232.
4. Except as otherwise provided in subsections 5 and 6, a person
who is of legal age, other than a licensee or permittee, who sells,
gives, or otherwise supplies alcoholic liquor, wine, or beer to a
person who is under legal age in violation of this section commits a
serious misdemeanor punishable by a minimum fine of five hundred
dollars.
5. A person who is of legal age, other than a licensee or
permittee, who sells, gives, or otherwise supplies alcoholic liquor,
wine, or beer to a person who is under legal age in violation of this
section which results in serious injury to any person commits an
aggravated misdemeanor.
6. A person who is of legal age, other than a licensee or
permittee, who sells, gives, or otherwise supplies alcoholic liquor,
wine, or beer to a person who is under legal age in violation of this
section which results in the death of any person commits a class "D"
felony. Section History: Early Form
[C35, § 1921-f43; C39, § 1921.043; C46, 50, 54, 58, 62, §
123.43; C66, 71, § 123.43, 125.33; C73, 75, 77, 79, 81, § 123.47] Section History: Recent Form
85 Acts, ch 32, § 37; 92 Acts, ch 1231, § 8; 94 Acts, ch 1105, §1;
94 Acts, ch 1172, §2; 95 Acts, ch 191, § 3; 97 Acts, ch 126, § 2; 99
Acts, ch 153, §1; 2005 Acts, ch 105, §1
Referred to in § 123.47B, 137C.25C, 232.2, 232.19, 232.22, 232.52,
321.216B, 805.8C(7)