Can a minor be charged with Furnishing Alcohol to another minor? ABC Sec. 106.06 says "...a person commits an offense if he purchases an alcoholic beverage for or gives or with criminal negligence makes available an alcoholic beverage to a minor..." Can a minor be charged with both Minor in Possession and Furnishing? Thanks.

I didn't find any cases dealing with juveniles and furnishing alcohol, but Lopez v. State, 108 S.W.3d 293 (Tex. Crim. App. 2003) says a conviction of both possession with intent to deliver a controlled substance and delivery of a controlled substance violates double jeopardy so it would seem you are stuck with one or the other. I don't see any statutory limitations on minors being able to furnish. But I suppose an argument from the child prostitution case might be stretched to cover this. Because a juvenile can't lawfully possess alcohol he can't therefore be guilty of furnishing it. Notably the prostitution case dealt with a provision that took away a child's ability to consent to sex in a penal provision that punished a third person and not the child ( a lot of alliteration from anxious anchors placed in powerful posts). Here the provision punishes the child rather than protect his or her victim status. That said, others may have researched this more thoroughly than I, but I didn't find anything specifically on point from my smartphone search.