Giving Alcohol to Someone Under 21
N.D.C.C. § 5-01-09 — knowingly delivering alcohol to someone under 21, or to someone obviously drunk, is a class A misdemeanor
Knowingly delivering alcohol to someone under twenty-one, outside the exceptions, or to an incompetent or obviously intoxicated person, is a class A misdemeanor, up to 360 days and $3,000.
- Someone under twenty-one who calls for help for another underage drinker, stays and cooperates, or is the one needing help, is immune from prosecution under the section, up to five people for one occurrence.
- A court weighs in mitigation that the defendant called for help within twelve hours after the minor drank and needed medical assistance.
- A person hurt by an obviously intoxicated person has a claim against whoever knowingly gave that person alcohol while under twenty-one, incompetent or obviously intoxicated.
Sources for this section (3)
- N.D.C.C. § 5-01-09 — Delivery to certain persons unlawful
- N.D.C.C. § 5-01-06.1 — Claim for relief for fault resulting from intoxication
- N.D.C.C. § 12.1-32-01 — Classification of offenses - Penalties
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed North Dakota attorney.