Parties and social host laws

What kids and teens should know

Parents/caregivers are encouraged to review this section together with their kids or teens. Having these conversations in advance helps build trust, clarify expectations, and prepare young people to make safe choices.

1. It’s illegal to drink under age 21.
   Even if you don’t buy the alcohol yourself, just having it in your possession with the intent to drink it is against the law—unless you’re with a parent or legal guardian who gave it to you.
2. You won’t get in trouble for calling 911 to help someone.
   New York’s Good Samaritan Law protects people, regardless of age, who call for help during a medical emergency involving drugs or alcohol. If someone you’re with has passed out, is hard to wake up, or is having trouble breathing, don’t hesitate to get help. You won’t be arrested for having alcohol or other substances on you if you’re calling for help in good faith.
3. Fake IDs can lead to serious legal consequences.
   Making, buying, or using a fake ID in New York is a criminal offense. Teens can be charged with forgery, possession of a forged instrument, or criminal impersonation, which may result in misdemeanor or even felony charges. This can affect your future, including college admissions, scholarships, and job opportunities.
4. If a party gets out of hand, you can still make a safe choice.
   Even if alcohol is present, you can always choose to call for help, leave the situation, or contact a trusted adult. If you’ve made a plan with your parents ahead of time, like using a code word to get picked up, that’s your lifeline.

Legal lowdown: A summary for parents

1. You can get in trouble even if you don’t hand teens a drink.
   Social Host Laws in Westchester County mean adults can face fines or even jail time if underage drinking happens at their home—even if they didn’t provide the alcohol.
2. Helping in a medical emergency won’t get you arrested.
   Thanks to New York’s Good Samaritan Law, you (or your child) won’t be charged for calling 911 in the case of an overdose or alcohol emergency.
3. Driving under the influence with a child in the car is a felony.
   Leandra’s Law makes it a felony to drive drunk or high with a passenger under 16, and it requires convicted drivers to install an ignition interlock device.
4. Parents may be held responsible if something happens on their property.
   If a teen drinks at your home and then gets hurt, damages property, or gets in an accident, you could be civilly liable, even if you didn’t supply the alcohol.
5. You can’t charge people to attend a party and serve alcohol.
   That’s considered selling alcohol without a license, which is illegal in New York.
6. It’s illegal to give alcohol to anyone under 21 (unless you’re their parent or guardian).
   This includes giving it to someone who already appears drunk.
7. Teens caught with alcohol can face legal consequences.
   Even if they didn’t buy it themselves, possession with intent to consume is against the law.
8. Providing alcohol or drugs to minors can lead to serious charges.
   This includes charges like endangering the welfare of a child, which is a Class A misdemeanor.
9. Fake IDs are a big deal legally.
   Making, using, or even possessing a fake ID can result in felony or misdemeanor charges, depending on the situation.

Keep reading for a more detailed breakdown and additional laws every parent should know.