However, the Manfredonia case did not address the practical problem when the consumption or possession is not part of a full blown party, but part of a much smaller, informal social gathering.
The Open House Party statute applies to "a person" defined as an individual 18 years of age or older. So, a 17 year old who throws a house party while his or her parents are out of town would not be subject to this particular statute.
First Offense with No Serious Bodily Injury
Any person found guilty of violating Florida's Open House Party statute faces up to 60 days in jail and up to 6 months probation. This statute is a 2nd Degree Misdemeanor.
Second or Subsequent Violation
However, any person who has a prior violation of this statute is facing an enhancement to a 1st Degree Misdemeanor which is punishable by up to 1 year in jail.
Serious Bodily Injury
If the minor, because of the alcohol or drug consumption is seriously injured or if they cause serious bodily injury to another because of the consumption, the offense is enhanced from a second degree misdemeanor to a first degree misdemeanor, punishable by up to 1 year in jail. For example, if you have a house party and a minor, after drinking at the party with your knowledge, drives home and gets into a DUI accident involving serious bodily injury to himself or herself or to anyone else, the maximum possible sentence would be increased from 60 days to 1 year.
What are the possible defenses to Open House Party?
There are several possible defenses to the charge of Open House Party.
No Knowledge - The statute only applies to a person who has actual knowledge of the consumption or possession by the minor. This can be difficult for the State to prove. The State will typically rely on witness statements and/or defendant admissions. These statements are often not recorded and are subject to credibility determinations by a fact finder.
No Social Gathering - An open house party is defined in the statute as a "social gathering at a residence." However, "social gathering" is not defined. This is a jury question and could be a basis for a motion to dismiss. The fewer people and the less organized the gathering, the less likely it is to be a social gathering
No Control - The State must prove that you had control over the residence. Control is defined as the authority or ability to regulate, direct, or dominate. You may be able to challenge this element, particularly if the residence is owned or controlled by another individual.
No Residence - The statute only applies to a residence, defined as a home, apartment, condominium, or other dwelling unit. This element won't be at issue in a majority of Open House Party cases, but in some cases there will be a question about whether the offense location is a residence under this definition.
If you or a loved one has been arrested for or accused of
Open House Party,
Call LASNETSKI GIHON LAW Now!
Jacksonville Criminal Defense Attorney
904-642-3332 (Jacksonville)