C.R.S. § 44-3-901 – Furnishing Alcohol to a Minor – Colorado Law & Penalties

Colorado C.R.S. § 44-3-901 makes it a class 2 misdemeanor to sell or furnish alcohol to minors under 21 years of age. The penalties include

• up to 120 days in jail and/or
• up to $750 in fines.

The language of Section 44-3-901 states that:

“[I]t is unlawful for any person … [t]o sell, serve, give away, dispose of, exchange, or deliver or permit the sale, serving, giving, or procuring of any alcohol beverage to or for any person under the age of twenty-one years.”

Additionally, underage people who buy, obtain, or possess alcohol in public face 120 days in jail and/or up to $750 in fines. In this article, our Denver Colorado criminal defense attorneys discuss:

• 1. Colorado’s Legal Drinking Age
• 2. Underage Purchase of Alcohol
• 3. Giving Alcohol to Underage People
• 4. Penalties under C.R.S. 44-2-901
• 5. Defenses
• 6. Underage People Serving Alcohol
• 7. Related Offenses
• Frequently Asked Questions
• Additional Reading

1. Colorado’s Legal Drinking Age

People must be at least 21 to drink alcohol in Colorado. That includes any kind of

• beer,
• liquor,
• wine,
• champagne,
• malts, or
• spirits.

This law is meant to promote public health.¹

2. Underage Purchase of Alcohol

C.R.S. 44-3-901 forbids selling alcohol to people under 21. For example, the following merchants may not sell, offer, or serve alcohol to underage customers:

• Package stores
• Restaurants or cafes
• Bars, pubs, or taverns
• Other retail liquor stores or online retailers or wholesalers that sell alcohol

It does not matter whether the alcohol is in sealed containers or open containers (C.R.S. 42–4–1305). Merchants must verify age with a valid photo ID, such as a driver’s license. People who present a fraudulent ID to buy alcohol risk having the merchant confiscate it. The merchant can also detain them and call a police officer.²

3. Giving Alcohol to Underage People

It is a crime for adults to provide or furnish alcohol to anyone under the age of 21. One exception is that a parent or guardian can allow underage people to have alcohol in a private location. An example would be letting a child drink a sip of ceremonial wine during a religious holiday meal at home. Another example is a parent rubbing whiskey on a teething baby’s gums to soothe the pain. Common examples of people unlawfully furnishing alcohol to minors include:

• A group of teens accosts an adult outside a package store and asks the adult to buy them liquor, and the adult complies.
• A 21-year-old buying beer for friends who are not yet 21 years old.
• An adult throwing a party where the adult allows underage guests to drink

C.R.S. 44-3-901 also makes it a crime to give your ID (such as a driver’s license) to an underage person to buy alcohol with.³

4. Penalties under C.R.S. 44-3-901

Both adults and underage people face misdemeanor penalties for alcohol crimes:

Merchants who sell alcohol to underage people also risk losing their liquor license in the state of Colorado.⁵ Note that party hosts who knowingly let underage people drink may also face civil liability under the social host liability law. Courts can make the host pay for any property damage, injuries, or even death that resulted from the underage drinking.⁶

5. Defenses

Three potential defense strategies in C.R.S. 44-3-901 cases include arguing that:

1. The underage person stole the liquor. You are not criminally liable when an underage person steals your alcohol. If the defense attorney can show that the child took the alcohol from you without permission, then the case should be dropped.
2. You were falsely accused. Perhaps angry parents falsely accused you of giving alcohol to their child when, in fact, the child got it from somewhere else. As long as there is a reasonable doubt about your guilt, the charge should be dismissed.
3. The police performed an illegal search. To search for evidence, police need a warrant (or a lawful reason not to get one). If police found the alcohol through an illegal search, you can ask the court to disregard (suppress) it as evidence. If the court agrees, the D.A. may be left with a case that is too weak to prosecute.

You can still be liable for giving alcohol to underage people even if you believed they were of age. Ignorance of their age is not a defense, regardless of a convincing fake ID. In this way, C.R.S. 44-3-901 is a strict liability crime.⁷

6. Underage People Serving Alcohol

People 18 and older may serve alcohol in restaurants and bars as long as an adult 21 or older is supervising them.⁸

7. Related Offenses

• Contributing to the delinquency of a minor (C.R.S. 18-6-701): This offense includes giving people under 18 alcohol. It can also include giving minors cigarettes, drugs, marijuana, or porn, or inducing the minor to perform a sexual act. A conviction can be a felony or a misdemeanor depending on the case. If you are an educator in a Colorado school district, the case will be reported to the state licensing board. The board may impose its own penalties, including license revocation.
• Minor in possession of alcohol or marijuana (C.R.S. 18-13-122): It is a petty offense for people under 21 to have alcohol or pot. A first offense carries $100 in fines plus a $25 surcharge, and a drug education class.
• Underage drinking and driving (UDD): C.R.S. 42-4-1301(2)(d) prohibits drivers under 21 from driving with a BAC between .02% and .05%. A first violation is treated as a class A traffic infraction, carrying a fine of up to $100, a 3-month license suspension, 4 DMV points, up to 24 hours of useful public service, an alcohol/drug evaluation and treatment. A successive conviction is a class 2 traffic misdemeanor, carrying up to 90 days in jail, up to $300 in fines, a six-month license suspension, and up to 24 hours of public service.
• Unlawful acts with a false ID (C.R.S. 42-2-309): Using a fake ID is usually a class 2 misdemeanor punishable by up to 120 days in jail and/or up to $750.

Frequently Asked Questions

Is there a “Good Samaritan” exception for underage drinking in Colorado?

Yes. Under C.R.S. 44-3-901(2)(a), an underage person is immune from arrest and prosecution for possessing or consuming alcohol if they call 911 to report that another underage person needs medical assistance due to alcohol consumption. To qualify for this immunity, the caller must be the first person to call 911, provide their name, remain on the scene until help arrives, and fully cooperate with emergency personnel. The immunity also extends to the underage person who needs medical help.

Can a bartender or server be held liable if a minor uses a fake ID in Colorado?

In most cases, yes, because furnishing alcohol to a minor is a strict liability crime. However, Colorado law offers a specific affirmative defense for merchants and their employees if they strictly adhered to legal age-verification procedures. If a minor uses a highly realistic fake ID that a reasonable person would believe is valid, and the server checked it, they may avoid conviction.

Can I buy alcohol in Colorado for a minor if I am their older sibling?

No. Under C.R.S. 44-3-901, the only exception that allows an adult to furnish alcohol to a person under 21 is if the adult is the minor’s parent or legal guardian, and the consumption takes place in a private location (such as a private residence). Older siblings, cousins, and friends who are 21 or older cannot legally purchase or provide alcohol to underage individuals.

What is the penalty for throwing a high school party where alcohol is served in Colorado?

Allowing minors to consume alcohol on your property is a violation of C.R.S. 44-3-901 and a class 2 misdemeanor. You face up to 120 days in jail and up to $750 in fines per offense. Furthermore, under Colorado’s social host liability laws, if an underage person gets drunk at your party and causes property damage, injures someone, or causes a fatal accident, you can be sued in civil court for damages.

Can you sell or furnish alcohol to an 18-year-old on a military base in Colorado?

No. The legal drinking age in Colorado is 21, and this applies statewide, including to active-duty military personnel stationed at bases like Fort Carson or the Air Force Academy. Providing alcohol to an 18-year-old soldier off-base or on-base is still a violation of state and federal law.

Additional Reading

For related information, refer to these scholarly articles:

• Truancy: It’s Not About Skipping School – Child and Adolescent Social Work Journal.
• Truants’ Perceptions of Family Factors as Causes of School Truancy and Non-attendance – Journal of Psychology.
• Contributing to Delinquency: An Exercise in Judicial Speculation – Akron Law Review.
• Factors Contributing to Juvenile Delinquency – American Institute of Criminal Law & Criminology.
• Contributing to Delinquency – St. Louis University Law Journal.

Legal References