State Cracking Down on Under Aged Partying

PLYMOUTH, NH - According to New Hampshire House Bill 464, hosts of parties who "knowingly" allow minors to consume drugs and alcohol can be charged with a Class A misdemeanor. This new law promises to crack down on the hosts of parties where there are underage partiers consuming alcohol. Governor Craig Benson signed the bill into law on Monday April 12.House Bill 464 states that it is "an act establishing a criminal penalty for any person who facilitates a drug or underage alcohol house party." The bill defines "drug or underage alcohol party" as any gathering of at least five people under age 21 at which at least one is in possession of or is consuming an alcoholic beverage or a controlled substance. Under the law, the person who owns or who is in "control" of the place where a party is held can be charged with a crime.According to Mark Fischler, Adjunct Faculty of Criminal Justice at Plymouth State University, the new law could "have a dramatic effect on drinking on college campuses." He believes that it may put pressure on landlords to be more strict in monitoring party activity to deter underage drinking at their properties because of the new potential for personal criminal liability. It could also have implications for students in university housing. Timothy Keefe, Dean of Students at PSU agrees that the new law has potential to effect lots of students. But he says that ultimately, the responsibility will fall to the tenant and not the owners of properties. "It's important to get this out to students," Keefe says. "In the past there has been only civil liability for hosting parties, now they [party hosts] have criminal liability too."Because the new law is classified as a misdemeanor there is the potential for jail time for those convicted, although first offenders in many circumstances will only face significant fines. There is some uncertainty just when the new law will take effect. The original sponsors of House Bill 464 wanted to have it go into law as soon Governor Benson signed it into law. But because of an administrative miscommunication, the version signed states that the new law will take effect on January 1, 2005. Efforts are being undertaken to add an addendum to other pieces of legislation to make the law take effect as soon as the end of the month. If this happens, enforcement could begin immediately and may have implications for parties during Spring Fling.Dean Keefe says that the University has been following the House Bill closely and plans to do an educational outreach program to make students aware of the new law. He envisions having a student forum with campus and community police so that students are aware just how the law will be enforced, and that the law will be enforced."Originally," says Keefe, "we were going to do something the first week of September. But if the law takes effect sooner, we will have to put something together quickly."The new party host law also raises privacy questions. Does the state have the right to legislate what goes on in a private residence? Fischler says that the law is essentially another measure to deter underage drinking and that it probably doesn't limit a minor's right any more than they already are. He sees it as a question of enforcement; the law will only be intrusive if it is strictly enforced.Fischler concludes that "we as a society have to decide what is more important: knowing what minors are doing, or allowing privacy."