Minor (law)

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In law, a minor is someone under a certain age, usually the age of majority, which demarcates an underage individual from legal adulthood. The age of majority depends upon jurisdiction and application, but it is commonly 18. Minor may also be used in contexts that are unconnected to the overall age of majority. For example, the smoking and drinking age in the United States is 21, and younger people below this age are sometimes called minors in the context of tobacco and alcohol law, even if they are at least 18. [1] [2] The terms underage or minor often refer to those under the age of majority, but may also refer to a person under other legal age limits, such as the age of consent, marriageable age, driving age, voting age, working age, etc. Such age limits are often different from the age of majority.

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The concept of minor is not sharply defined in most jurisdictions. The age of criminal responsibility, of ability to legally consent to sexual activity, at which school attendance is no longer compulsory and thus a person may leave school, at which legally-binding contracts may be entered into, and so on and so forth, may be different from one another.

In many countries, the age of majority is 18. In the United States, where the age of majority is set by individual states, "minor" usually refers to someone under 18 but can in some areas (such as alcohol, gambling, and handguns) mean under 21. In the criminal justice system a minor may be tried and punished either "as a juvenile" or "as an adult".

In Taiwan and Thailand, a minor is a person under 20 years of age, and, in South Korea, a person under 19 years of age. In New Zealand, the age of majority is also 20 years of age, [3] but most of the rights of adulthood are assumed at lower ages.

By country

Canada

For all provincial laws, the provincial and territorial governments have the power to set the age of majority in their respective province or territory, and the age varies across Canada, with some provinces setting the (baseline) age of majority at 18 and others at 19. In some territories a person can emancipate, and assume full responsibility from the age of 16.

In Alberta, Manitoba, Ontario, Quebec, Saskatchewan, and Prince Edward Island the (baseline) age of majority is set at 18, while in British Columbia, Yukon, the Northwest Territories, Nunavut, Newfoundland, Nova Scotia, and New Brunswick the age of majority is 19. [4]

In the provinces of Saskatchewan, Ontario, New Brunswick, British Columbia, Nova Scotia, the legal gambling age and the legal drinking age are both 19, while in Alberta, Quebec, and Manitoba it is 18 which is the age of majority. [5]

Under cannabis laws, a minor means anyone under 19 in the country except for Quebec which has a legal age of 21, and Alberta which is age 18.

Italy

In Italy, law nr. 39 of March 8, 1975, states that a minor is a person under the age of 18. [6] Citizens under the age of 18 may not vote, be elected, obtain a driving license for automobiles or issue or sign legal instruments. Crimes committed in Italy by minors are tried in a juvenile court.

Mexico

In all 31 states, a minor is referred to as someone under the age of 18.

Minors aged 16 or 17 who are charged with crimes could sometimes be treated as an adult.

India

In all 28 states and 8 union territories, a minor is referred to as someone under the age of 18. In rare cases minors aged 16 or 17 who are charged with extremely heinous crimes could sometimes be treated as an adult. [7]

Thailand

The Civil and Commercial Code of the Kingdom of Thailand does not define minor; however, sections 19 and 20 read as follows:

Hence, a minor in Thailand refers to any person under the age of 20, unless they are married. A minor is restricted from doing juristic acts for example, signing contracts. When minors wish to do a juristic act, they have to obtain the consent from their legal representative, usually (but not always) the parents and otherwise the act is voidable. The exceptions are acts by which a minor merely acquires a right or is freed from a duty, acts that are strictly personal, and acts that are suitable to the person's condition in life and are required for their reasonable needs. A minor can make a will at the age of fifteen.

United Kingdom

In England and Wales, the Family Law Reform Act 1969 set the age of majority in both nations at 18. While in Northern Ireland, the age of majority is set at 18 by the Age of Majority Act (Northern Ireland) 1969 - (which directly corresponds to the former legislation, enacted in England and Wales). In Scotland, the Age of Legal Capacity (Scotland) Act 1991 sets out that the legal age of capacity within the country is 16.

The (minimum) age of criminal responsibility in England and Wales, and Northern Ireland is 10. Sentencing guidelines in these three jurisdictions is often tiered, so that a person who is over the age of criminal responsibility (but not of full age), will receive more lenient treatment depending on how old said person is (so for example, punishment will differ between an offender who is under 12, under 14, or under 16, at the time of a given offence, for example, with harsher punishments being received the higher the age of the offender in question).

In Scotland, the (minimum) age of criminal responsibility is 12.

Things that persons under 18 are prohibited from doing include sitting on a jury, standing as a candidate, buying or renting films with an 18 or R18 classification or seeing them in a cinema, suing without a litigant friend, and purchasing alcohol, or tobacco products.

Driving certain large vehicles, acting as personal license holder for licensed premises, and adopting a child are permitted only upon the age of 21. The minimum age to drive a HGV1 vehicle was reduced to 18. However, certain vehicles, e.g., steamrollers, require that someone be 21 years of age to obtain an operating license.

United States

In the United States as of 1971, minor is generally legally defined as a person under the age of 18. However, in the context of alcohol or gambling laws (see legal drinking age and gambling age ), people under the age of 21 may also sometimes be referred to as minors. [1] [2] However, not all minors are considered juveniles in terms of criminal responsibility. As is frequently the case in the United States, the laws vary widely by state.

Under this distinction, those considered juveniles are usually (but not always) tried in juvenile court, and they may be afforded other special protections. For example, in some states a parent or guardian must be present during police questioning, or their names may be kept confidential when they are accused of a crime. For many crimes (especially more violent crimes), the age at which a minor may be tried as an adult is variable below the age of 18 or (less often) below 16. [8] The death penalty for those who have committed a crime while under the age of 18 was discontinued by the U.S. Supreme Court case Roper v. Simmons in 2005. [9] The court's 5–4 decision was written by Justice Kennedy and joined by Justices Ginsburg, Stevens, Breyer, and Souter, and cited international law, child developmental science, and many other factors in reaching its conclusion.

The twenty-sixth amendment to the U.S. Constitution, ratified in 1971, granted all citizens the right to vote in every state, in every election, from the age of 18, reducing the minimum ages for most privileges that had previously been set at 21 (signing contracts, marrying without parental consent, termination of legal parental custody) to 18, with the exception of drinking, which had been raised to 21 around the 1980s due to teen drunk driving cases protested by the Mothers Against Drunk Driving.

The U.S. Department of Defense took the position that they would not consider "enemy combatants" held in extrajudicial detention in the Guantanamo Bay detainment camps minors unless they were less than sixteen years old. [10] In any event, they separated only three of more than a dozen detainees under 16 from the adult prison population. Several dozen detainees between sixteen and eighteen were detained with the adult prison population. Now those under 18 are kept separate, in line with the age of majority and world expectations.

Some states, including Florida, have passed laws that allow a person accused of an extremely heinous crime, such as murder, to be tried as an adult, regardless of age. These laws have been challenged by the American Civil Liberties Union. An estimated 250,000 youth are tried, sentenced, or incarcerated as adults every year across the United States. [11]

Emancipation of minors

Emancipation of minors is a legal mechanism by which a minor is no longer under the control of their parents or guardians, and is given the legal rights associated with adults. Depending on country, emancipation may happen in different manners: through marriage, attaining economic self-sufficiency, obtaining an educational degree or diploma, or participating in a form of military service. In the United States, all states have some form of emancipation of minors. [12]

Related Research Articles

<span class="mw-page-title-main">Age of consent</span> Minimum age for agreement to sexual activities

The age of consent is the age at which a person is considered to be legally competent to consent to sexual acts. Consequently, an adult who engages in sexual activity with a person younger than the age of consent is unable to legally claim that the sexual activity was consensual, and such sexual activity may be considered child sexual abuse or statutory rape. The person below the minimum age is considered the victim, and their sex partner the offender, although some jurisdictions provide exceptions through "Romeo and Juliet laws" if one or both participants are underage and are close in age.

<span class="mw-page-title-main">Adult</span> Being that is fully grown

An adult is a human or other animal that has reached full growth. The biological definition of the word means an animal reaching sexual maturity and thus capable of reproduction. In the human context, the term adult has meanings associated with social and legal concepts. In contrast to a non-adult or "minor", a legal adult is a person who has attained the age of majority and is therefore regarded as independent, self-sufficient, and responsible. They may also be regarded as "majors". The typical age of attaining legal adulthood is 18, although definition may vary by legal rights, country, and psychological development.

<span class="mw-page-title-main">Age of criminal responsibility</span> Minimum age at which a child is capable of committing criminal offences

The age of criminal responsibility is the age below which a child is deemed incapable of having committed a criminal offence. In legal terms, it is referred to as a defence/defense of infancy, which is a form of defense known as an excuse so that defendants falling within the definition of an "infant" are excluded from criminal liability for their actions, if at the relevant time, they had not reached an age of criminal responsibility. After reaching the initial age, there may be levels of responsibility dictated by age and the type of offense committed.

<span class="mw-page-title-main">Juvenile delinquency</span> Illegal behavior by minors

Juvenile delinquency, also known as juvenile offending, is the act of participating in unlawful behavior as a minor or individual younger than the statutory age of majority. These acts would otherwise be considered crimes if the individuals committing them were older. The term delinquent usually refers to juvenile delinquency, and is also generalised to refer to a young person who behaves an unacceptable way.

<span class="mw-page-title-main">Youth</span> Time between childhood and adulthood

Youth is the time of life when one is young. The word, youth, can also mean the time between childhood and adulthood, but it can also refer to one's peak, in terms of health or the period of life known as being a teenager. This is the time when children go through significant psychological, social and emotional development as they approach adulthood. The World Health Organization (WHO) recognizes this phase as a phase from 10 to 19 years old, while in Germany youth is considered as a period from 12 to 19 years old, it is during this period when young people separate from their parents and build their own families, join the armed forces, have the right to vote and can even claim a certain level of protection such as work and parental support, while in Bulgaria and Denmark youth is recognized as a phase between 14 and 18 years old, while in Greece children are considered people up to 12 years old and young people are people from 12 to 18 years old. The suicide rate among young people has declined significantly to 85,051 in recent years, suicide was one of the main causes of death among young people aged 10 to 19 according to a recent study which seeks to investigate the cause of death among young people.

<span class="mw-page-title-main">Capacity (law)</span> Legal aptitude to have rights and liabilities

Legal capacity is a quality denoting either the legal aptitude of a person to have rights and liabilities, or altogether the personhood itself in regard to an entity other than a natural person.

<span class="mw-page-title-main">Age of majority</span> Threshold of adulthood as it pertains to law

The age of majority is the threshold of legal adulthood as recognized or declared in law. It is the moment when a person ceases to be considered a minor and assumes legal control over their person, actions, and decisions, thus terminating the control and legal responsibilities of their parents or guardian over them. Most countries set the age of majority at 18, but some jurisdictions have a higher age and others lower. The word majority here refers to having greater years and being of full age as opposed to minority, the state of being a minor. The law in a given jurisdiction may not actually use the term "age of majority".

Roper v. Simmons, 543 U.S. 551 (2005), is a landmark decision by the Supreme Court of the United States in which the Court held that it is unconstitutional to impose capital punishment for crimes committed while under the age of 18. The 5–4 decision overruled Stanford v. Kentucky, in which the court had upheld execution of offenders at or above age 16, and overturned statutes in 25 states.

Emancipation of minors is a legal mechanism by which a minor before attaining the age of majority is freed from control by their parents or guardians, and the parents or guardians are freed from responsibility for their child. Minors are normally considered legally incompetent to enter into contracts and to handle their own affairs. Emancipation overrides that presumption and allows emancipated children to legally make certain decisions on their own behalf.

<span class="mw-page-title-main">Juvenile court</span> Court to try minors for legal offenses

Juvenile court, also known as young offender's court or children's court, is a tribunal having special authority to pass judgements for crimes committed by children who have not attained the age of majority. In most modern legal systems, children who commit a crime are treated differently from legal adults who have committed the same offense. Juveniles have a lack of capacity for understanding their criminal acts, meaning they also have diminished criminal responsibility compared to their adult counterparts.

<span class="mw-page-title-main">Age of consent in Europe</span> Legal ages for sexual activities in Europe

The age of consent for sex outside of marriage varies by jurisdiction across Europe. The age of consent – hereby meaning the age from which one is deemed able to consent to having sex with anyone else of consenting age or above – varies between 14 and 18. The majority of countries set their ages in the range of 14 to 16; only four countries, Cyprus (17), Ireland (17), Turkey (18), and the Vatican City (18), set an age of consent higher than 16.

In the common law legal system, an expungement or expunction proceeding, is a type of lawsuit in which an individual who has been arrested for or convicted of a crime seeks that the records of that earlier process be sealed or destroyed, making the records nonexistent or unavailable to the general public. If successful, the records are said to be "expunged". Black's Law Dictionary defines "expungement of record" as the "Process by which record of criminal conviction is destroyed or sealed from the state or Federal repository." While expungement deals with an underlying criminal record, it is a civil action in which the subject is the petitioner or plaintiff asking a court to declare that the records be expunged.

Juvenile law pertains to those who are deemed to be below the age of majority, which varies by country and culture. Usually, minors are treated differently under the law. However, even minors may be prosecuted as adults.

<span class="mw-page-title-main">Youth rights</span> Equal rights movement

The youth rights movement seeks to grant the rights to young people that are traditionally reserved for adults. This is closely akin to the notion of evolving capacities within the children's rights movement, but the youth rights movement differs from the children's rights movement in that the latter places emphasis on the welfare and protection of children through the actions and decisions of adults, while the youth rights movement seeks to grant youth the liberty to make their own decisions autonomously in the ways adults are permitted to, or to abolish the legal minimum ages at which such rights are acquired, such as the age of majority and the voting age.

Laws regarding incest vary considerably between jurisdictions, and depend on the type of sexual activity and the nature of the family relationship of the parties involved, as well as the age and sex of the parties. Besides legal prohibitions, at least some forms of incest are also socially taboo or frowned upon in most cultures around the world.

Laws against child sexual abuse vary by country based on the local definition of who a child is and what constitutes child sexual abuse. Most countries in the world employ some form of age of consent, with sexual contact with an underage person being criminally penalized. As the age of consent to sexual behaviour varies from country to country, so too do definitions of child sexual abuse. An adult's sexual intercourse with a minor below the legal age of consent may sometimes be referred to as statutory rape, based on the principle that any apparent consent by a minor could not be considered legal consent.

In common law jurisdictions, statutory rape is nonforcible sexual activity in which one of the individuals is below the age of consent. Although it usually refers to adults engaging in sexual contact with minors under the age of consent, it is a generic term, and very few jurisdictions use the actual term statutory rape in the language of statutes. In statutory rape, overt force or threat is usually not present. Statutory rape laws presume coercion because a minor or mentally disabled adult is legally incapable of giving consent to the act.

<span class="mw-page-title-main">Age of consent in the United States</span>

In the United States, each state and territory sets the age of consent either by statute or the common law applies, and there are several federal statutes related to protecting minors from sexual predators. Depending on the jurisdiction, the legal age of consent is between 16 and 18. In some places, civil and criminal laws within the same state conflict with each other.

Trial as an adult is a situation in which a juvenile offender is tried as if they were an adult, whereby they may receive a longer or more serious sentence than would otherwise be possible if they were charged as a juvenile.

References

  1. 1 2 "Liquor Control Act". State of Connecticut. 'Minor' means any person under twenty-one years of age.
  2. 1 2 "Offenses Against the Family". State of Tennessee. As used in this section, minor means a person under twenty-one (21) years of age.
  3. "Age of Majority Act 1970" . Retrieved 9 August 2016.
  4. "Age of Majority Table". Archived from the original on 2012-07-18. Retrieved 2009-11-26.
  5. "Drinking age will remain 19 in Saskatchewan". CBC News. (March 8, 2013). Retrieved June 13, 2015.
  6. "Italie". WIPO Lex . WIPO . Retrieved 7 September 2012.
  7. Coleman, Bennet & (2017-12-21). "Class XI student to be tried as adult for Ryan boy's Murder". The Times of India. Retrieved 2017-12-23.
  8. Gaines, Larry K and Roger Leroy Miller. "Criminal Justice in Action" 4th ed., Thompson Wadsworth Publishing, 2007. Pg 495
  9. "Roper v. Simmons (No. 03-633)". LII / Legal Information Institute.
  10. Schmitz, Gregor Peter (April 2011). "Files Reveal Many Inmates Were Minors". Der Spiegel.
  11. "Campaign for Youth Justice, Key Facts: Youth in the Justice System. Washington, D.C.: Campaign for Youth Justice, 2007. Web. May 2011. Citing Woolard, J. "Juveniles within Adult Correctional Settings: Legal Pathways and Developmental Considerations." International Journal of Forensic Mental Health 4.1 (2005)" (PDF). Archived from the original (PDF) on 2013-05-22. Retrieved 2013-04-02.
  12. Staff, L. I. I. (6 August 2007). "Emancipation of Minors". LII / Legal Information Institute.