1. (a) A minor commits an offense if he consumes an alcoholic beverage.
2. (b) It is an affirmative defense to prosecution under this section that the alcoholic beverage was consumed in the visible presence of the minor's adult parent, guardian, or spouse.
3. (c) An offense under this section is punishable as provided by Section 106.071.

4. (d) A minor who commits an offense under this section and who has been previously convicted twice or more of offenses under this section is not eligible for deferred disposition. For the purposes of this subsection:

   1. (1) an adjudication under Title 3, Family Code, that the minor engaged in conduct described by this section is considered a conviction of an offense under this section; and
   2. (2) an order of deferred disposition for an offense alleged under this section is considered a conviction of an offense under this section.

Acts 1977, 65th Leg., p. 514, ch. 194, Sec. 1, eff. Sept. 1, 1977.

Amended by Acts 1991, 72nd Leg., ch. 163, Sec. 2, eff. Sept. 1, 1991;

Acts 1993, 73rd Leg., ch. 934, Sec. 77, eff. Sept. 1, 1993;

Acts 1997, 75th Leg., ch. 1013, Sec. 4, eff. Sept. 1, 1997;

Acts 1999, 76th Leg., ch. 1207, Sec. 1, eff. Sept. 1, 1999.

Acts 2011, 82nd Leg., R.S., Ch. 842 (H.B. 3474), Sec. 1, eff. September 1, 2011.