Ask Me Help Desk - Legal dating

Quote:

Originally Posted by smokedetector

Texas Law

§ 106.04 – Consumption of Alcohol by a Minor
(a–b) A minor commits an offense if they consume alcohol unless they are in the visible presence of, and have the consent of their adult parent, legal guardian, or spouse.

here is the link:

ALOUD | Texas' Laws Concerning Underage Drinking

I'm shocked but you are correct - underage minors CAN consume alcohol (no age limit at all), no restriction on the amount, if in the presence of and in sight of his/her parent or guardian.

Well, there go my plans to live and work in Texas - apparently I would be out of the bar surveillance business in a very short period.

Last I heard three years ago the drinking age was nationwide 21 NO exceptions
I was surprised cause I thought the teenagers still snuck to West Virginia to drink.
They are changing laws too fast to keep up with the past few years.
In some states 16 yr old age of consent w/o parent permission to be with any age they want is the law.

Quote:

Originally Posted by N0help4u

Last I heard three years ago the drinking age was nationwide 21 NO exceptions
I was surprised cause I thought the teenagers still snuck to West Virginia to drink.
They are changing laws too fast to keep up with the past few years.
In some states 16 yr old age of consent w/o parent permission to be with any age they want is the law.

And then I had a thought on another angle re: dating and the age difference, the girl being underage. I know I saw "dating" and thought "sex," but, as ScottGem correctly pointed out, the question was dating.

If she is 16 and he is 20 and there is sex involved and he moves on SHE can charge him with sexual assault. Someone posted recently, she was younger, he was (obviously) older, she got pregnant, he moved on, and now SHE wants to charge him as a predator, despite the fact that her parents knew they were dating.

Seems risky for the older, possibly more emotionally mature, man.

True BUT not many girls nowadays are dating older guys without.

Quote:

Originally Posted by JudyKayTee

And then I had a thought on another angle re: dating and the age difference, the girl being underage. I know I saw "dating" and thought "sex," but, as ScottGem correctly pointed out, the question was dating.

If she is 16 and he is 20 and there is sex involved and he moves on SHE can charge him with sexual assault. Someone posted recently, she was younger, he was (obviously) older, she got pregnant, he moved on, and now SHE wants to charge him as a predator, despite the fact that her parents knew they were dating.

Seems risky for the older, possibly more emotionally mature, man.

She is really responsible and she knows the risk of being with him, but she tells me that she really likes this guy and he likes her too. So she can pretty much be with him with the permission of her guardian but she can't have any type of sexual relations and not get arrested. But would kissing, or hugging or holding hands be considered something sexual?

Quote:

Originally Posted by WonderinMind

She is really responsible and she knows the risk of being with him, but she tells me that she really likes this guy and he likes her too. So she can pretty much be with him with the permission of her guardian but she can't have any type of sexual relations and not get arrested. But would kissing, or hugging or holding hands be considered something sexual?

Yes, those activities are "something sexual;" no, they are not considered to be sexual intercourse.

Is your friend actually you?

Quote:

Originally Posted by JudyKayTee

Yes, those activities are "something sexual;" no, they are not considered to be sexual intercourse.

Is your friend actually you?

no. she is mhy best friend. So she can hug and hold hands and kiss him without getting in trouble?

Quote:

Originally Posted by WonderinMind

no. she is mhy best friend. so she can hug and hold hands and kiss him without getting in trouble?

Read what I just said.

Quote:

Originally Posted by JudyKayTee

Read what I just said.

I just thought you couldn't have intercourse and just intercourse and obviously that isn't intercourse.

Quote:

Originally Posted by JudyKayTee

Well, maybe it's different in different States but in NYS you cannot give your child permission to drink "some of your wine" in a restaurant - underage consumption of alcohol is illegal. Obviously it's OK where you live so, as I said, the law must vary. I've never heard that it's legal as long as the parent is there to witness it -

I HAVE investigated accidents involving underage drinking at private residences where the parents were present and the parents HAVE been criminally charged. Likewise I DO work bar surveillances where the owner is concerned about underage drinking and the bartender/hostess/waitress ARE criminally charged. If the drinking is done at your house (again, in NYS) your homeowners can refuse coverage because your illegal act was the proximate cause of the problem.

It isn't against the law to marry under age - you simply cannot marry under age unless you lie about your age OR have parental consent. I find nothing that says it's illegal. Two different things. Let me know how you see this -

I have no idea what you mean by the parent being present when the underage person has sex in order to make it legal - ?

What State (I'm curious) allows underage drinking, particularly in a restaurant, if the parent is present and gives consent?

Maybe someone familiar with the Alcohol Beverage Code in various States has the answers to the underage drinking -

Quote:

Originally Posted by JudyKayTee

I'm shocked but you are correct - underage minors CAN consume alcohol (no age limit at all), no restriction on the amount, if in the presence of and in sight of his/her parent or guardian.

Well, there go my plans to live and work in Texas - apparently I would be out of the bar surveillance business in a very short period.

Same goes in NYS as well...

See Alcoholic Beverage Control Article 5

Quote:

§ 65-c. Unlawful possession of an alcoholic beverage with the intent
To consume by persons under the age of twenty-one years. 1. Except as
Hereinafter provided, no person under the age of twenty-one years shall
Possess any alcoholic beverage, as defined in this chapter, with the
Intent to consume such beverage.
2. A person under the age of twenty-one years may possess any
Alcoholic beverage with intent to consume if the alcoholic beverage is
Given:
(a) to a person who is a student in a curriculum licensed or
Registered by the state education department and the student is required
To taste or imbibe alcoholic beverages in courses which are a part of
The required curriculum, provided such alcoholic beverages are used only
For instructional purposes during class conducted pursuant to such
Curriculum; or
(b) to the person under twenty-one years of age by that person's
parent or guardian.

Quote:

Originally Posted by appleguy87

Same goes in NYS as well...

See Alcoholic Beverage Control Article 5

The question was where is it legal - I'm in NYS. That's what I addressed. The States where it IS allowed was what the discussion was about.

Quote:

Originally Posted by JudyKayTee

The question was where is it legal - I'm in NYS. That's what I addressed. The States where it IS allowed was what the discussion was about.

I'm in NYS as well.. just to quote again what you said,

Quote:

Originally Posted by JudyKayTee

Well, maybe it's different in different States but in NYS you cannot give your child permission to drink "some of your wine" in a restaurant - underage consumption of alcohol is illegal. Obviously it's OK where you live so, as I said, the law must vary. I've never heard that it's legal as long as the parent is there to witness it -

Just posting the NYS law that states it is legal for a parent and/or guardian to give their child under the age of 21 an alcoholic beverage for the purpose of consumption. (See Alcoholic Beverage Control Article 5 § 65-C)

Quote:

Originally Posted by appleguy87

I'm in NYS as well.. just to quote again what you said,

Just posting the NYS law that states it is legal for a parent and/or guardian to give their child under the age of 21 an alcoholic beverage for the purpose of consumption. (See Alcoholic Beverage Control Article 5 § 65-C)

If you are right and this has not been revoked or appealed this can be ground breaking. I am right now working on a case in NYS where the parent served an alcoholic beverage to his own child in his own home (backyard), a neighbor called the Police - and the parent was arrested. The law firm is under the impression that the parent cannot serve the alcoholic beverage to his own child.

I am off to read that section of the law.

The law firm has represented several parents in this same situation so this could be big news. I don't know if each case has resulted in the parents being in violation of the ABC law but I know 2 of them were found guilty of parental neglect.