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word of caution, be careful about giving your children any alcoholic beverage, remember it says affirmative defense, but it also doesn't rule out the family code about injury to a child. I say this because of the bunch of cases I have heard about charges against parents allowing the kids to have alcoholic beverages. Yes there have been other things going on in these cases and the charges were probably just throw on more charges but hey why take a chance

JP171 wrote:word of caution, be careful about giving your children any alcoholic beverage, remember it says affirmative defense, but it also doesn't rule out the family code about injury to a child. I say this because of the bunch of cases I have heard about charges against parents allowing the kids to have alcoholic beverages. Yes there have been other things going on in these cases and the charges were probably just throw on more charges but hey why take a chance

Those cases were usually a parent poviding alcohol for a party their child was throwing and the parents were then not present AND there were others there at the party underage and drinking.

If you are stupid enough to give your kids enough alcohol to get them drunk, even if u are present, then IMO CPS needs to get involved.

Keith, I agree with ya, just pointing out there are pitfalls in the laws

I think it's the child who has an affirmative defense but the parent is explictly allowed if they maintain visual contact.

It's good to know the legislature doesn't expect the TABC to arrest Roman Catholic parents who allow their child to receive the Eucharist, Jewish parents who allow their child to have wine at the seder, or sports fan parents who give their child a sip of their beer at a baseball game.

Lambda Force wrote:I think it's the child who has an affirmative defense but the parent is explictly allowed if they maintain visual contact.

It's good to know the legislature doesn't expect the TABC to arrest Roman Catholic parents who allow their child to receive the Eucharist, Jewish parents who allow their child to have wine at the seder, or sports fan parents who give their child a sip of their beer at a baseball game.

Actually it is both the adult and child. Adults would normally be charged with providing the alcohol and a minor would be charged with minor in possession. Not sure about Texas, but some states will give a MIP by consumption charge to the minor if the have a BAC of .02 or greater.

If the section 106.06 quote on the previous page is right, it explictly allows parents to do it. It's not an affirmative defense or a defense to prosecution because the law says they may do it so it's not a crime.

Keith B wrote: Actually it is both the adult and child. Adults would normally be charged with providing the alcohol and a minor would be charged with minor in possession. Not sure about Texas, but some states will give a MIP by consumption charge to the minor if the have a BAC of .02 or greater.

In some states, Indiana to be specific, a family with kids can't even sit in a restaurant where they have a direct view of the bar. Never figured out why that is wrong but it is OK to see the people at the next table drinking.

When I was little my father never bought me an alcoholic drink in a bar but I remember playing many shuffle board games while my parents were visiting with friends in bars. He would mix me a drink for special occasions such as New Years Eve, Christmas, and every once in a while. I do remember they were very weak.

I sometimes wonder if that is why drinking never had that much fascination for me while in high school. Heck, I didn't get drunk until I was a junior in college. Talk about arrested development!