Pennsylvania § 6308 - Purchase, consumption, possession or transportation of liquor or malt or brewed beverages.

§ 6308. Purchase, consumption, possession or transportation of liquor or malt or brewed beverages.

(a) Offense defined.--A person commits a summary offense if he, being less than 21 years of age, attempts to purchase, purchases, consumes, possesses or knowingly and intentionally transports any liquor or malt or brewed beverages, as defined in section 6310.6 (relating to definitions). For the purposes of this section, it shall not be a defense that the liquor or malt or brewed beverage was consumed in a jurisdiction other than the jurisdiction where the citation for underage drinking was issued.

(b) Penalty.--A person convicted of violating subsection (a) may be sentenced to pay a fine of not more than $500 for the first violation and not more than $1,000 for the second and each subsequent violation.

(c) Preadjudication disposition.--

(1) When a person is charged with violating subsection (a), the magisterial district judge may admit the offender to the adjudication alternative as authorized in 42 Pa.C.S. § 1520 (relating to adjudication alternative program) or any other preadjudication disposition if the offender has not previously received a preadjudication disposition for violating subsection (a).

(2) The use of a preadjudication disposition shall be considered a first or subsequent offense, whichever is applicable, for the purpose of further adjudication under this section or under section 6310.4.

(d) Notification.--The police department making an arrest for a suspected violation of subsection (a) shall so notify the parents or guardian of the minor charged.

(e) Exception for compliance checks.--(Repealed).

(f) Exception for person seeking medical attention for another.--(Repealed).

(Apr. 28, 1978, P.L.202, No.53, eff. 60 days; Mar. 25, 1988, P.L.262, No.31, eff. 60 days; Mar. 17, 2000, P.L.11, No.4, eff. 60 days; Dec. 3, 2002, P.L.1144, No.141, eff. 60 days; Nov. 30, 2004, P.L.1618, No.207, eff. 60 days; July 7, 2011, P.L.288, No.66, eff. 60 days; Oct. 25, 2012, P.L.1663, No.205, eff. 60 days; Dec. 22, 2017, P.L.1237, No.75, eff. imd.; Oct. 19, 2018, P.L.535, No.80, eff. 30 days; Oct. 24, 2018, P.L.659, No.95, eff. 180 days)

2018 Amendments. Act 80 repealed subsec. (f) and Act 95 amended subsec. (b). Section 8 of Act 80 provided that Act 80 shall be referred to as the "Timothy J. Piazza Antihazing Law."

2017 Amendment. Act 75 repealed subsec. (e) and section 2 of Act 141 of 2002.

2012 Amendment. Section 2 of Act 205 provided that the amendment shall apply to offenses committed on or after the effective date of section 2.

2004 Amendment. Act 207 amended subsec. (c)(1). See section 29 of Act 207 in the appendix to this title for special provisions relating to construction of law.

2000 Amendment. Act 4 amended subsec. (a).

References in Text. 18 Pa.C.S. § 6310.4, referred to in subsec. (c)(2), was repealed by the act of October 24, 2018 (P.L.659, No.95).

Cross References. Section 6308 is referred to in sections 2810, 6308.1, 6310.5, 6310.6, 6313, 9122, 9123 of this title; sections 1518, 3905 of Title 4 (Amusements); sections 3573, 8902 of Title 42 (Judiciary and Judicial Procedure).