§712-1250.5  Promoting intoxicating liquor
to a person under the age of twenty-one.  (1)  A person, including any
licensee as defined in section 281-1, commits the offense of promoting
intoxicating liquor to a person under the age of twenty-one if the person
knowingly:



(a) Sells or offers for sale, influences the sale,
serves, delivers, or gives to a person intoxicating liquor, and the person
receiving the intoxicating liquor is a person under the age of twenty-one; or



(b) Permits a person to possess intoxicating liquor
while on property under his control, and the person possessing the intoxicating
liquor is a person under the age of twenty-one.



(2)  It is a defense to a prosecution for
promoting intoxicating liquor to a person under the age of twenty-one that:



(a) The intoxicating liquor provided to the person
under the age of twenty-one was an ingredient in a medicine prescribed by a
licensed physician for medical treatment of the person under the age of
twenty-one;



(b) The intoxicating liquor was provided to the
person under the age of twenty-one as part of a ceremony of a recognized
religion;



(c) The defendant provided the intoxicating liquor to
the person under the age of twenty-one with the belief, which was reasonable
under the circumstances, that the person under the age of twenty-one had
attained the age of twenty-one;



(d) The defendant provided the intoxicating liquor to
the person under the age of twenty-one with the express consent of the parent
or legal guardian and with the belief, which was reasonable under the
circumstances, that the person under the age of twenty-one would not consume
any portion of the substance;



(e) The defendant provided the intoxicating liquor to
the person under the age of twenty-one with the express consent of the parent
or legal guardian and with the belief, which was reasonable under the
circumstances, that the person under the age of twenty-one would consume the
substance only in the presence of the parent or legal guardian; or



(f) The intoxicating liquor was possessed by the
person under the age of twenty-one to be sold or served as allowed by law.



(3)  The fact that a person engaged in the
conduct specified by this section is prima facie evidence that the person
engaged in that conduct with knowledge of the character, nature, and quantity
of the intoxicating liquor possessed, distributed, or sold.



The fact that the defendant distributed or sold
intoxicating liquor to a person under the age of twenty-one is prima facie
evidence that the defendant knew the transferee was a person under the age of
twenty-one, except as provided in subsection (2)(c).



(4)  Promoting intoxicating liquor to a person
under the age of twenty-one is a misdemeanor. [L 1984, c 122, §1; am L 1986, c
342, §4; am L 1987, c 283, §70; am L 1991, c 206, §2; am L 1992, c 207, §2; am
L 2006, c 203, §2]



 



COMMENTARY ON §712-1250.5



 



  Act 122, Session Laws 1984, added the new offense of
promoting intoxicating liquor to a minor which prohibits persons from giving
liquor to a minor, or allowing a minor to possess intoxicating liquor on
property under that person's control.  The legislature believed that the
passage of this act would reduce the number of drunk drivers and deaths
resulting from drunk driving.  Senate Conference Report No. 40.



  Act 207, Session Laws 1992, removed the repeal date of Act
342, Session Laws of Hawaii 1986, to permanently raise the minimum drinking age
to twenty-one.  Conference Committee Report No. 9.



  Act 203, Session Laws 2006, clarified that individuals who
promote liquor to minors are persons who knowingly sell, offer for sale,
influence the sale, serve, deliver, or give intoxicating liquor to a person
under the age of twenty-one.  House Standing Committee Report No. 1127-06.