October 29, 2009
Our teenagers sometimes violate criminal statutes that parents or family members should be aware of. Regarding alcohol, it is illegal for anyone under the age of 21 to possess or consume an alcoholic beverage. A first minor in possession (MIP) offense is considered a non-jailable offense, followed by a series of graduated sanctions thereafter. There also is a "zero tolerance" law prohibiting anyone under the age of 21 to drive a motor vehicle with a blood alcohol level between .02 and .08. This is much lower than the .08 standard for the crime of operating while intoxicated for adults.
Regarding controlled substances, marijuana is the most prevalent illegal substance where a charge of possession can lead to a one-year misdemeanor penalty under Michigan law. If charged with delivery or possession with the intent to deliver, the penalty increases to a four-year felony. The term "possession" is liberally construed and does not merely refer to substances in one's hand or one's pockets. People may conspire to possess marijuana without ever having smoked or even handled the substance.
Regarding criminal sexual conduct (CSC), young people reaching the age of 17 are subject to CSC laws. Most CSC cases with teenagers involve either consensual activity between parties, one of whom may be under the age of 16, or allegations of date rape. Teenagers should be aware that there is a requirement to register as a Sex Offender under the Sex Offender Registry Act (SORA) for the next 25 years if convicted of an offense.
There is help. For more information please contact Miles J. Murphy, Attorney, at 616-458-3994 or mmurphy@pmalawpc.com
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