The Illinois social host law comes in two sections. One section prohibits parents and guardians from hosting or permitting gatherings at their home, in vehicles or watercraft and at other property under their control in which underage persons are allowed to consume alcohol.
The second section prohibits any other person from hosting or permitting a gathering at their home in which underage persons are allowed to consume alcohol. This law does not require that the parent or other person to actually provide the alcohol only that they permit the activity involving alcohol and underage consumption.
The violation of the social host statute is a Class A misdemeanor which carries a potential penalty of up to one year in jail and a fine up to $2,500.00. There is a minimum fine of $500.00. If a person who has attended such a gathering is seriously injured or killed, the violation would be a Class 4 felony, which carries a potential penalty of between one and three years in a state penitentiary, and a fine up to $25,000.00.
The statute allows for some relief to those persons who report the underage gathering themselves before the police become aware of the situation. The law also does not apply to legitimate religious gatherings.