Unlawful Open House Party in Florida
Under Florida Statute 856.015, an Unlawful Open House Party occurs when a person has a party at a residence and knowingly permits a minor to consume or possess alcoholic beverages or drugs on the premises.
Penalties for Unlawful Open House Party
The crime of permitting an Unlawful Open House Party is a Second Degree Misdemeanor in Florida and punishable by up to sixty days in jail, six months of probation, and a $500 fine.
Unlawful Open House Party with Prior Conviction
The crime of permitting an Unlawful Open House Party with a prior conviction for permitting an Unlawful Open House Party is a First Degree Misdemeanor in Florida and punishable by up to one year in jail, one year of probation, and a $1,000 fine.
Defenses to Unlawful Open House Party
In addition to the pretrial defenses and trial defenses that can be raised in any criminal case, a specific defense to the crime of permitting an Open House Party is Lack of Control of Residence, Lack of Knowledge of Consumption or Possession, and Reasonable Steps to Prevent Consumption or Possession :
Lack of Control of Residence
Only the person who has the authority or ability to regulate, direct, or dominate the residence where the open house party occurs can be convicted of permitting an Unlawful Open House Party.
Consequently, a person cannot be convicted of permitting an Unawlful Open House Party if the person lacks any authority or ability to control the residence where the unlawful Open House Party occurs.
Lack of Knowledge of Possession of Consumption
It is a defense to permitting an Unlawful House Party if the person in control of the residence lacked actual knowledge of the possession or consumption of alcoholic beverages or controlled substances by the minors. [1]
Since the statute imposes a requirement of actual knowledge of the possession or consumption of alcohol or drugs by a minor, the prosecution cannot argue the adult should have known minors possessed or consumed alcohol on the premises.
Non-Residence Location
An Unlawful Open House Party can only occur at a residential location, such as a home, apartment, condominium, or other dwelling unit.
Consequently, it is a defense to permitting an unlawful Open House Party if the location of the party is a non-residential location, such as a park, beach, business, or similar location.
Reasonable Steps to Prevent Possession or Consumption
It is a defense to permitting an Unlawful House Party if the adult either made attempts to terminate the party or took some reasonable action to prevent the continued possession or consumption of alcohol or drugs on the premises. [1]
Contact Criminal Defense Lawyer Richard Hornsby
If you have been arrested or charged with the crime of permitting an Unlawful Open House Party in Central Florida or the Greater Orlando area, please contact Criminal Defense Lawyer Richard Hornsby today.
The initial consultation is free and I am always available to advise you on the proper course of action that can be taken.