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Providing alcohol to minors now a felony

Tampering with evidence, possession of eight ounces or more of marijuana and robbery are all felony offenses in the state of New Mexico.

As of July 1, adults who provide alcohol to persons under the age of 21 also face fourth-degree felony charges.

Distributing liquor to minors was a misdemeanor punishable by no more than a $1,000 fine and 30 hours of community service for the first offense. That has changed to a fine of up to $5,000 and 18 months in jail.

The change was made in memory of 14-year-old Felisha Holguin who died of alcohol poisoning in 2002, and is called Felisha's Law.

As defined by the 2004 New Mexico statutes and court rules, a crime is a capital, first, second, third or fourth degree felony when it is designated that way under the state's criminal code. A crime declared a felony, without specification of degree, is a fourth-degree felony.

The chance of getting charged with a felony offense is not worth the risk for UNM junior Ta§a Chavez.

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"I have bought liquor for minors in the past, but now I will definitely think twice," Chavez said. "I won't do it. If I do, it'll be planned pretty well."

New Mexico is one of 32 states that has a social host liability statute. Party hosts are liable if their guest causes death or injury to a third party as a result of serving alcohol to intoxicated people or minors.

The change in the law will not lead to any adjustments in the enforcement of alcohol-related policies at UNM, said Lt. Michael Young of the UNM Police Department.

Young said the department has made an effort to make sure students are aware of the severity of misdemeanor and felony charges by attending meetings at sororities and fraternities on campus.

"This doesn't change the way we do business, but it does ramp up the seriousness of the charge," he said. "If convicted of a felony, it affects their whole future and puts a damper on future employment opportunities as well as a gamut of other restrictions."

Efforts by local and state government to curb underage drinking have led to the on-again, off-again presence of the Party Patrol.

Sophomore Jehyen Valdez received a minor-in-possession citation over the summer.

"I don't think this law is going to make that big of a difference," Valdez said. "Being in college, there are different age groups from 18 to 24 that hang out together. It's hard to check the ID of everyone at a party."

Nick Loner, who has two minor-in-possession citations, said changes in the law don't come as a surprise, but he doesn't expect the new law to make much of a difference.

"Getting caught makes you more cautious in the short term, but as time progresses, you get sucked back into it," Loner said. "This law will make it harder for someone to take the risk, but if you want it, you'll get it somehow."

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