Hon. 0. N. Humphreys, Jr., 

Administrator 

Texas Liquor Control Board 

Sam Houston State Office Bldg. , 

Austin, Texas 78711 

Opinion No. M-327 

Re: May a juvenile be prosecuted for violation of 

Article 666-17(14), Vernon’s 

Penal Code, and related 

Dear Mr. H&nphreys: questions? 

: . 

You request an opinion of this office whether a juvenile may 

be prosecuted for violation of Article 666-17(14), Vernon’s Penal 

Code and if so, whether such juvenile may be incarcerated for failure 

to pay his fine upon conviction, in view of amendments to Article 

2338-1, Vernon’s Civil Statutes, by H. B. No. 780. Acts 60th Legislature, R.S. 1967, ch. 475, p. 1083. 

Article 666-17. Section 14(a) makes certain purchases, 

possession or cofisumption of alcoholic beverages by persons pnder 

21 years of age a misdemeanor criminal offense and provides punishment by fine froni $10. to $100. 

As stated in your letter, this office has previously held in 

Att.orney Genera1 Opinion No. WW-1171 (1961) that the above section 

of rhe Texas Liquor Cont:rol Act is an exception to Sections 12 and 

13 of Article 2338-1, and that such persons under 21 years of age 

are susceptible to fines for violation thereof. 

As further stated in your letter, Attorney General Opinion 

No. WW-1338 (1962) holds that all persons~convicted under said 

Section 14(a) who are unable to pay the fine assessed must be 

confined in jail to lay out the fine as required by law or until such 

fine has been paid, provided they are segregated from adult 

offenders. 

Section 3 of Article 233811. as amended, defines a “child” 

as any female person over the age of 10 years and under the age 

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Hon. 0. N. Humphreys, Jr., Page 2 (M-327) 

of 18 years and any male person over the age of 10 years and under 

the age of 17 years. 

Section 1 of Article 30, Vernon’s Penal Code, prohibits the 

conviction of a persons for any offense, except perjury, committed 

before he was 15 years of age, therefore such “children” can be 

held responsible only through proceedings in the juvenile court, if 

at all. Attorney General Opinion’No. M-163 (1967). 

Under Section 5(a) of Article 2338-1, the juvenile court has 

exclusive original jurisdiction in proceedings governing any “delinquent child, I’ but the juvenile court may waive jurisdiction to the 

appropriate district court or criminal district court as specified 

in Section 6 thereof. 

If a “child” does not violate a felony penal law or a misdemeanor law punishable by confinement in jail, he is not a “delinquent child” under the terms of Section 3 of Article 2338-l unless 

he habitually violates misdemeanor laws punishable by fine only, 

or penal ordinances, or other proscribed deportment, conduct or 

activity. 

In view of the above, a juvenile court. would not have jurisdiction of .a child for the “one-time” purchase, possession or 

consumption of an alcoholic beverage as described in Section 

14(a) because such a person is not defined as a “delinquent child. ” 

Obviously then, a juvenile court could not waive jurisdiction that 

it does.not have, nor could it assume jurisdiction of a case transferr,ed to it, under such circumstances, as provided in Section 12 

of Article 2338-l. 

It is our opinion that a female person 15 years of age or 

over, but under the age of 18 years, or a male person 15 years 

of age or over, but under the age of 17 years, who violates the 

provisions of Section 14(a) of Article 666-17, other than habitually, 

is not within the jurisdiction of the juvenile court and may be prosecuted for such violation in an appropriate criminal court having 

jurisdiction of such offense. Upon conviction thereof he, or she, 

may be incarcerated until such fine is paid or otherwise satisfied 

according to law; however, such person shall be, segregated from 

adult offenders under the provisions of Article 2338-l(17). 

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Hon. 0. N. Humphreys. Jr.. Page 3 (M-327) 

Whether such a person is a “one-time” offender or is an 

habitual offender such as would place him or her under the jurisdiction of the juvenile court is a question of fact which could be 

ascertained by the arresting officer, and/or the court after consultation or conference with the judge ofthe juvenile court. 

SUMMARY 

A female person 15 years of age or over, but 

under 18 years of age, or a male person 15 years 

of age or over, but under the age of 17 years. who 

violates the provisions of Section 14(a) of Article 

666-17, Vernon’s Penal Code, other than habitually. 

may be prosecuted for such violation and upon conviction thereof he, or she, may be incarcerated until 

such fine is paid or otherwise satisfied according to 

law; however, such confined person shall be segregated 

from adult offenders under the provisions of Article 

2338-1, Section 17, Vernon’s Civil Statutes. Whether 

such a person is a none-time” offender or is an 

habitual offender is a question of fact. 

DC. MARTIN 

ey General of Texas 

Prepared by Monroe Clayton 

Assistant Attorney General 

APPROVED: 

OPINION COMMITTEE 

Kerns Taylor, Chairman 

Bob Lattimore 

Tom Bullington 

Lonny Zwiener 

John Reeves 

STAFF LEGAL ASSISTANT 

Hawthorne Phillips 

. 

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