Understanding Laws and Consequences
Penn State is committed to your health, safety, and success—and that includes helping you understand the policies, consequences, and support available if you need it.
On Campus and Off Campus Violations
If you are involved in an alleged alcohol or substance related violation you could potentially face sanctions by Penn State in addition to criminal charges by local authorities.
- These are separate and distinct processes, and you will likely need to respond to both the Office of Student Accountability and Conflict Response and the Criminal Process for the same violation.
- The Student Code of Conduct applies to conduct that occurs both on and off campus. If an alleged incident occurs off campus you may still be subject to sanctions from Penn State.
Alcohol Laws in Pennsylvania
Alcohol and substance laws are clear and strict in Pennsylvania. Understanding how your actions could be impacted is important in keeping yourself safe.
Avoid getting an alcohol violation by making smart choices. Skip drinking if you are underage. If you’re 21, don’t carry an open container, draw attention to yourself, or be visibly drunk in a public place.
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It is illegal to knowingly sell or furnish, or purchase with the intent to sell or furnish, any liquor malt or brewed beverage to a person who is less than 21 years of age. You can be convicted of furnishing alcohol even if you are under age 21. The fine for a first offense is at least $1,000 and a second or subsequent offense is $2,500. Jail is up to one year for an offense. This offense may result in a permanent criminal record.
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It is illegal to consume an alcoholic beverage if you are under 21. It is also illegal for anyone under 21 years or age to attempt to purchase, consume, possess, or knowingly and intentionally transport any liquor, malt, or brewed beverage. Penalties may include:
Offense Fine Jail 1st Offense 0 - $500 0 - 90 Days 2nd Offense 0 - $1,000 0 - 90 Days Subsequent Offense 0 - $1,000 0 - 90 Days Police are required by law to notify parents or guardians of all underage drinking violations.
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It is illegal for anyone under 21 to possess an ID card that falsely identifies the person by name, age, date of birth, or photograph as being 21 or older. If the ID is a fake driver’s license more serious penalties may apply.
Offense Fine Jail 1st Offense 0 - $300 0 - 90 Days 2nd Offense 0 - $500 0 - 1 Year Subsequent Offense 0 - $500 0 - 1 Year
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It is illegal to be in any public place under the influence of alcohol to the degree that you may endanger yourself or other persons or property, or annoy others in your vicinity.
The underage drinking law includes possessing and transporting alcohol - not just consumption. Remember, it’s illegal to drink if you’re under 21.
Offense Fine Jail 1st Offense 0 - $500 0 - 90 Days 2nd Offense 0 - $1,000 0 - 90 Days Subsequent Offense 0 - $1,000 0 - 90 Days
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It is illegal for anyone under 21 to drive a vehicle with a blood alcohol content of .02 or higher. It is illegal for anyone 21 and older to drive with a blood alcohol content of .08 or higher. If you have a first-time violation, under certain circumstances, you may qualify for an Accelerated Rehabilitative Disposition (ARD) program.
If you are convicted of a DUI when under 21 and have a blood alcohol content below .16, penalties may include:
Penalty* 1st Offense 2nd Offense 3rd Offense Fine $500 - $5,000 $750 - $5,000 $1,500 - $10,000 Jail 48 hours - 6 months 30 days - 6 months 90 days - 5 years License Suspension 1 year 1 year 1 year Other Alcohol Highway Safety School
Court Reporting Network File
Alcohol Highway Safety School
Court Reporting Network File
Drug & Alcohol Evaluation
Court Reporting Network File
*Penalties differ based on age, blood alcohol content, and other factors.
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Public Urination and Defecation Ordinance
It is illegal to urinate or defecate in/on a public area, on private property where the public is admitted, or on private property without the consent of the owner. It is illegal to urinate or defecate in any public place other than in an appropriate sanitary facility. Fines include $750 for the first offense and $1,000 for any subsequent offense plus court costs for each violation.
Open Container Ordinance
It is illegal to have an open container of alcohol in any public area (i.e., parking lot, parking garage, public street, sidewalk, alley, or park) in State College. Fines include $250 for the first offense; $500 for the second offense, and not less than $1,000 for any subsequent offenses in any 120-day period, plus court costs or 30 days in prison if fines and costs are not paid.
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The possession or use of alcoholic beverages is prohibited in ALL Penn State on-campus undergraduate residence hall buildings, including White Course Apartments, Nittany Apartments, and Eastview Terrace. This policy applies to all students and GUESTS regardless of whether they are 21 years of age.
- Residents and guests are also prohibited from being in the presence of alcohol in the residence halls.
- The host of a gathering in the residence halls may be subject to additional charges such as party responsibility and/or distribution of alcohol.
Next Steps After Citation
If this is your first violation for underage drinking or possession, you’ll receive a conduct warning from the Office of Student Accountability and Conflict Response. You’ll also need to complete the BASICS program, which carries a $250 fee. Depending on your case, the local magistrate may also require participation in the Youthful Offenders Program, which also has a $250 fee in State College.
If this is your first violation for excessive drinking or driving under the influence, you’ll be placed on conduct probation and required to complete the BASICS program. As part of the University’s parental notification policy, a letter will also be sent home for any alcohol- or drug-related violation.
Facing a Citation or Charge?
Penn State’s Student Legal Services provides enrolled students with free legal advice, representation, and referrals. Connect with an attorney to understand what the best course of action is for your circumstance.
Looking Out for Yourself and Others
Sometimes, things go too far—and someone needs help. Medical Amnesty and Penn State’s Responsible Action Protocols protects students who seek emergency help due to alcohol or drug use. If you call for help, you (and the person in need) may not face university discipline for use or possession.
Support and Recovery are Possible
If you’re ready to make a change or are already on a recovery journey, Penn State is here to support you with resources and community.