Parents Giving Children Alcohol to the Point that Death or Serious Injury Results

In the N.Y. Penal Law, the crime of unlawfully dealing with a child 1st degree bars providing alcohol to a person under 21. N.Y. Penal Law 260.20(2).

There are two minor exceptions. The Penal Law does not apply to the parent or guardian of the child. Additionally, the statute permits giving alcohol where the tasting or imbibing of alcoholic beverages is required in courses that are part of the required curriculum. N.Y. Penal Law 260.20(2); N.Y. ABC Law 65(5).

We believe that the law should be changed. Parents should be allowed to show their children how to use alcohol responsibly. However, there should be some reasonable limit. A parent should not be allowed to give his or her child so much alcohol that the child dies or suffers serious injury. We propose that parents be allowed to give alcohol to children only if the childs BAC does not exceed 0.08 percent.