When a 13-year-old is caught drinking alcohol in Ohio, parents usually have the same immediate question: will they also face criminal charges? The short answer is that yes, they might, under certain circumstances. Your child’s case happens in juvenile court, but your own exposure depends on what the state believes you did or failed to do.
How Ohio Treats Underage Drinking by a 13-Year-Old
A 13-year-old can’t be convicted of a crime the same way an adult can. Juvenile court handles these cases as delinquency matters. The difference matters, but it’s still a serious problem.
Ohio law makes it illegal for anyone under 21 to possess or consume alcohol, with very narrow exceptions. When police cite a 13-year-old for drinking, the case can result in a complaint filed in juvenile court. If the child is found delinquent, they may be subject to court supervision and counseling, or probation-style conditions. Then the focus shifts to the adults involved.
Can You Be Charged Because Your Child Was Drinking?
You will not be automatically charged just because your child drank alcohol. The state has to show some form of involvement or failure to act before you can be charged with a crime. Several Ohio statutes could apply:
Furnishing Alcohol to a Minor
If the state believes you provided alcohol (or allowed it), you can be charged with furnishing alcohol to a minor. This is more than handing a drink directly to a child—police and prosecutors will argue that you “furnished” alcohol if you:
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Bought the alcohol knowing minors would drink it
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Allowed alcohol to be freely available in your home
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Gave permission for drinking to happen
This charge is usually a misdemeanor and can carry fines and possible jail time.
Hosting or Allowing an Underage Drinking Party
It’s also illegal for adults to allow underage drinking to happen on property they control. This applies even if you weren’t the person supplying the alcohol. You can face charges if:
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Minors were drinking in your home,
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You knew or should have known it was happening, and
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You did nothing to stop it
Saying you were asleep or trying to be “hands-off” won’t necessarily protect you.
Contributing to the Unruliness or Delinquency of a Child
Finally, it’s illegal to aid, abet, or encourage a child to become “unruly” or “delinquent.” Prosecutors can use this charge when they believe a parent:
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Allowed underage drinking
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Failed to supervise despite knowing the risk
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Created an environment where underage drinking was expected
This charge does not require proof that you provided alcohol. Prosecutors only have to prove that your actions (or inaction) contributed to the unruly or delinquent behavior.
What If You Truly Didn’t Know Your Child Was Drinking?
Knowledge matters, but defenses to these charges are rarely as simple as saying, “I didn’t know.” Police reports typically include statements from witnesses or officers about visible alcohol or obvious behavior. Open containers, large groups, noise complaints, and prior warnings can all be used to argue that you should have known what was happening. Your defense depends on the facts, the timeline, and what the evidence can prove.
What to Do If You and Your Child Face Charges
Charges against you aren’t inevitable, but if prosecutors file them, it’s not a minor situation. Anything you or your child says to the police during the incident can negatively affect your case. Generally, you should:
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Avoid giving any statements without legal advice
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Find out the exact charges you and your child face
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Contact an experienced defense attorney who can handle juvenile and adult criminal cases
Juvenile and adult cases may be separate, but they influence each other. A good lawyer will work to coordinate the defense strategies for both cases.
Talk to a Columbus, OH, Criminal Defense Attorney
If your 13-year-old has been cited for underage drinking, you need legal guidance right away. Probst Law Office, Inc. defends families in Columbus and throughout the state. Call us to discuss your case and your options before charges move forward.
