18 Pa. C.S. § 6308

Current through P.A. Acts 2023-66
Section 6308 - Purchase, consumption, possession or transportation of liquor or malt or brewed beverages
(a) Offense defined.--A person commits a summary offense if he, being less than 21 years of age, attempts to purchase, purchases, consumes, possesses or knowingly and intentionally transports any liquor or malt or brewed beverages, as defined in section 6310.6 (relating to definitions). For the purposes of this section, it shall not be a defense that the liquor or malt or brewed beverage was consumed in a jurisdiction other than the jurisdiction where the citation for underage drinking was issued.
(b)Penalty.-- A person convicted of violating subsection (a) may be sentenced to pay a fine of not more than $500 for the first violation and not more than $1,000 for the second and each subsequent violation.
(c) Preadjudication disposition.--
(1) When a person is charged with violating subsection (a), the magisterial district judge may admit the offender to the adjudication alternative as authorized in 42 Pa.C.S. § 1520 (relating to adjudication alternative program) or any other preadjudication disposition if the offender has not previously received a preadjudication disposition for violating subsection (a).
(2) The use of a preadjudication disposition shall be considered a first or subsequent offense, whichever is applicable, for the purpose of further adjudication under this section or under section 6310.4.
(d) Notification.--The police department making an arrest for a suspected violation of subsection (a) shall so notify the parents or guardian of the minor charged.
(e) [Repealed by 2017 Amendment.]
(f) Exception for person seeking medical attention for another.--A person shall be immune from prosecution for consumption or possession under subsection (a) if he can establish the following:
(1) The only way law enforcement officers became aware of the person's violation of subsection (a) is because the person placed a 911 call, or a call to campus safety, police or emergency services, in good faith, based on a reasonable belief and reported that another person was in need of immediate medical attention to prevent death or serious injury.
(2) The person reasonably believed he was the first person to make a 911 call or a call to campus safety, police or emergency services, and report that a person needed immediate medical attention to prevent death or serious injury.
(3) The person provided his own name to the 911 operator or equivalent campus safety, police or emergency officer.
(4) The person remained with the person needing medical assistance until emergency health care providers arrived and the need for his presence had ended.

18 Pa.C.S. § 6308

Amended by P.L. TBD 2018 No. 95, § 2, eff. 4/22/2019.
Amended by P.L. TBD 2017 No. 75, § 6, eff. 12/22/2017.
Amended by P.L. 1663 2012 No. 205, § 1, eff. 12/24/2012.
1972, Dec. 6, P.L. 1482, No.334, § 1, effective June 6, 1973. Amended 1978, April 28, P.L. 202, No. 53, § 7(8), eff. June 27, 1978; 1988, March 25, P.L. 262, No. 31, § 10, effective in 60 days; 2000, March 17, P.L. 11, No. 4, § 1, effective in 60 days; 2002, Dec. 3, P.L. 1144, No. 141, § 1, effective in 60 days; 2004, Nov. 30, P.L. 1618, No. 207, § 4, effective Jan. 31, 2005; 2011, July 7, P.L. 288, No. 66, § 1, effective in 60 days [Sept. 6, 2011].