In
law
Law is a set of rules that are created and are enforceable by social or governmental institutions to regulate behavior,Robertson, ''Crimes against humanity'', 90. with its precise definition a matter of longstanding debate. It has been vario ...
, a minor is someone under a certain age, usually the
age of majority
The age of majority is the threshold of legal adulthood as recognized or declared in law. It is the moment when minors cease to be considered such and assume legal control over their persons, actions, and decisions, thus terminating the contr ...
, which demarcates an underage individual from
legal adulthood. The age of majority depends upon
jurisdiction
Jurisdiction (from Latin 'law' + 'declaration') is the legal term for the legal authority granted to a legal entity to enact justice. In federations like the United States, areas of jurisdiction apply to local, state, and federal levels.
Jur ...
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
Smoking is a practice in which a substance is burned and the resulting smoke is typically breathed in to be tasted and absorbed into the bloodstream. Most commonly, the substance used is the dried leaves of the tobacco plant, which have bee ...
and
drinking age
The legal drinking age is the minimum age at which a person can legally consume alcoholic beverages. The minimum age alcohol can be legally consumed can be different from the age when it can be purchased in some countries. These laws vary betwee ...
in the
United States
The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country primarily located in North America. It consists of 50 states, a federal district, five major unincorporated territorie ...
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.
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
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 ...
,
marriageable age
Marriageable age (or marriage age) is the general age, as a legal age or as the minimum age subject to parental, religious or other forms of social approval, at which a person is legitimately allowed for marriage. Age and other prerequisites to ...
,
driving age
The minimum driving age is the minimum age at which a person may obtain a driver's license to lawfully drive a motor vehicle on public roads. That age is determined by and for each jurisdiction and is most commonly set at 18 years of age, but lea ...
,
voting age
A voting age is a minimum age established by law that a person must attain before they become eligible to vote in a public election. The most common voting age is 18 years; however, voting ages as low as 16 and as high as 25 currently exist
(s ...
, etc. Such age limits are often different from the age of majority.
The concept of ''minor'' is not sharply defined in most jurisdictions. The
age of criminal responsibility
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 tha ...
and consent, the age at which school attendance is no longer
compulsory
Compulsion may refer to:
* Compulsive behavior, a psychological condition in which a person does a behavior compulsively, having an overwhelming feeling that they must do so.
* Obsessive–compulsive disorder, a mental disorder characterized by i ...
, the age at which legally binding contracts can be entered into, and so on may be different from one another.
In many countries, including
Australia
Australia, officially the Commonwealth of Australia, is a Sovereign state, sovereign country comprising the mainland of the Australia (continent), Australian continent, the island of Tasmania, and numerous List of islands of Australia, sma ...
,
Serbia
Serbia (, ; Serbian language, Serbian: , , ), officially the Republic of Serbia (Serbian language, Serbian: , , ), is a landlocked country in Southeast Europe, Southeastern and Central Europe, situated at the crossroads of the Pannonian Bas ...
,
India
India, officially the Republic of India (Hindi: ), is a country in South Asia. It is the seventh-largest country by area, the second-most populous country, and the most populous democracy in the world. Bounded by the Indian Ocean on the so ...
,
Brazil
Brazil ( pt, Brasil; ), officially the Federative Republic of Brazil (Portuguese: ), is the largest country in both South America and Latin America. At and with over 217 million people, Brazil is the world's fifth-largest country by area ...
,
Croatia
, image_flag = Flag of Croatia.svg
, image_coat = Coat of arms of Croatia.svg
, anthem = "Lijepa naša domovino"("Our Beautiful Homeland")
, image_map =
, map_caption =
, capit ...
,
Colombia
Colombia (, ; ), officially the Republic of Colombia, is a country in South America with insular regions in North America—near Nicaragua's Caribbean coast—as well as in the Pacific Ocean. The Colombian mainland is bordered by the Car ...
, and the
UK a minor is defined as a person under the age of 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
Criminal justice is the delivery of justice to those who have been accused of committing crimes. The criminal justice system is a series of government agencies and institutions. Goals include the Rehabilitation (penology), rehabilitation of o ...
system a minor may be
tried
In law, a trial is a coming together of parties to a dispute, to present information (in the form of evidence) in a tribunal, a formal setting with the authority to adjudicate claims or disputes. One form of tribunal is a court. The tribunal, w ...
and punished either "as a juvenile" or "as an adult".
In
Taiwan
Taiwan, officially the Republic of China (ROC), is a country in East Asia, at the junction of the East and South China Seas in the northwestern Pacific Ocean, with the People's Republic of China (PRC) to the northwest, Japan to the nort ...
and
Thailand
Thailand ( ), historically known as Siam () and officially the Kingdom of Thailand, is a country in Southeast Asia, located at the centre of the Indochinese Peninsula, spanning , with a population of almost 70 million. The country is bo ...
, a minor is a person under 20 years of age, and, in
South Korea
South Korea, officially the Republic of Korea (ROK), is a country in East Asia, constituting the southern part of the Korea, Korean Peninsula and sharing a Korean Demilitarized Zone, land border with North Korea. Its western border is formed ...
, a person under 19 years of age. In
New Zealand
New Zealand ( mi, Aotearoa ) is an island country in the southwestern Pacific Ocean. It consists of two main landmasses—the North Island () and the South Island ()—and over 700 smaller islands. It is the sixth-largest island count ...
law, the age of majority is 20 years of age as well, but most of the rights of adulthood are assumed at lower ages: for example, entering contracts and having a will are allowed at 15, while the drinking and voting age are both at 18.
International
Canada
For all provincial laws (such as alcohol and tobacco regulation), 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
Canada is a country in North America. Its ten provinces and three territories extend from the Atlantic Ocean to the Pacific Ocean and northward into the Arctic Ocean, covering over , making it the world's second-largest country by tot ...
.
Alberta
Alberta ( ) is one of the thirteen provinces and territories of Canada. It is part of Western Canada and is one of the three prairie provinces. Alberta is bordered by British Columbia to the west, Saskatchewan to the east, the Northwest Ter ...
,
Manitoba
Manitoba ( ) is a Provinces and territories of Canada, province of Canada at the Centre of Canada, longitudinal centre of the country. It is Canada's Population of Canada by province and territory, fifth-most populous province, with a population o ...
,
Ontario
Ontario ( ; ) is one of the thirteen provinces and territories of Canada.Ontario is located in the geographic eastern half of Canada, but it has historically and politically been considered to be part of Central Canada. Located in Central Ca ...
,
Quebec
Quebec ( ; )According to the Canadian government, ''Québec'' (with the acute accent) is the official name in Canadian French and ''Quebec'' (without the accent) is the province's official name in Canadian English is one of the thirtee ...
,
Saskatchewan
Saskatchewan ( ; ) is a Provinces and territories of Canada, province in Western Canada, western Canada, bordered on the west by Alberta, on the north by the Northwest Territories, on the east by Manitoba, to the northeast by Nunavut, and on t ...
, and
Prince Edward Island
Prince Edward Island (PEI; ) is one of the thirteen Provinces and territories of Canada, provinces and territories of Canada. It is the smallest province in terms of land area and population, but the most densely populated. The island has seve ...
have the age of majority set at 18, while in
British Columbia
British Columbia (commonly abbreviated as BC) is the westernmost province of Canada, situated between the Pacific Ocean and the Rocky Mountains. It has a diverse geography, with rugged landscapes that include rocky coastlines, sandy beaches, ...
,
Yukon
Yukon (; ; formerly called Yukon Territory and also referred to as the Yukon) is the smallest and westernmost of Canada's three territories. It also is the second-least populated province or territory in Canada, with a population of 43,964 as ...
,
Northwest Territories
The Northwest Territories (abbreviated ''NT'' or ''NWT''; french: Territoires du Nord-Ouest, formerly ''North-Western Territory'' and ''North-West Territories'' and namely shortened as ''Northwest Territory'') is a federal territory of Canada. ...
,
Nunavut
Nunavut ( , ; iu, ᓄᓇᕗᑦ , ; ) is the largest and northernmost Provinces and territories of Canada#Territories, territory of Canada. It was separated officially from the Northwest Territories on April 1, 1999, via the ''Nunavut Act'' ...
,
Newfoundland
Newfoundland and Labrador (; french: Terre-Neuve-et-Labrador; frequently abbreviated as NL) is the easternmost province of Canada, in the country's Atlantic region. The province comprises the island of Newfoundland and the continental region ...
,
Nova Scotia
Nova Scotia ( ; ; ) is one of the thirteen provinces and territories of Canada. It is one of the three Maritime provinces and one of the four Atlantic provinces. Nova Scotia is Latin for "New Scotland".
Most of the population are native Eng ...
, and
New Brunswick
New Brunswick (french: Nouveau-Brunswick, , locally ) is one of the thirteen provinces and territories of Canada. It is one of the three Maritime provinces and one of the four Atlantic provinces. It is the only province with both English and ...
the age of majority is 19. In the provinces of
Saskatchewan
Saskatchewan ( ; ) is a Provinces and territories of Canada, province in Western Canada, western Canada, bordered on the west by Alberta, on the north by the Northwest Territories, on the east by Manitoba, to the northeast by Nunavut, and on t ...
, 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.
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
Italy ( it, Italia ), officially the Italian Republic, ) or the Republic of Italy, is a country in Southern Europe. It is located in the middle of the Mediterranean Sea, and its territory largely coincides with the homonymous geographical re ...
, law nr. 39 of March 8, 1975, states that a minor is a person under the age of 18. Citizens under the age of 18 may not vote (to vote for senators, 25), be elected, obtain a driving license for automobiles or issue or sign
legal instrument
Legal instrument is a legal term of art that is used for any formally executed written document that can be formally attributed to its author, records and formally expresses a legally enforceable act, process, or contractual duty, obligation, or ...
s. 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.
Thailand
The Civil and Commercial Code of the Kingdom of Thailand does not define ''minor''; however, sections 19 and 20 read as follows:
* Section 19 – A person, on completion of 20 years of age, ceases to be a minor and becomes ''
sui juris
''Sui iuris'' ( or ) also spelled ''sui juris'', is a Latin phrase that literally means "of one's own right". It is used in both secular law and the Catholic Church's canon law. The term church ''sui iuris'' is used in the Catholic ''Code of Can ...
''.
* Section 20 – A minor becomes ''sui juris'' upon marriage, provided the marriage is made in accordance with the provisions of Section 1448.
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 actsfor 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
Will may refer to:
Common meanings
* Will and testament, instructions for the disposition of one's property after death
* Will (philosophy), or willpower
* Will (sociology)
* Will, volition (psychology)
* Will, a modal verb - see Shall and will
...
at the age of fifteen.
United Kingdom
In
England and Wales
England and Wales () is one of the three legal jurisdictions of the United Kingdom. It covers the constituent countries England and Wales and was formed by the Laws in Wales Acts 1535 and 1542. The substantive law of the jurisdiction is Eng ...
and in
Northern Ireland
Northern Ireland ( ga, Tuaisceart Éireann ; sco, label= Ulster-Scots, Norlin Airlann) is a part of the United Kingdom, situated in the north-east of the island of Ireland, that is variously described as a country, province or region. Nort ...
a minor is a person under the age of 18; in
Scotland
Scotland (, ) is a country that is part of the United Kingdom. Covering the northern third of the island of Great Britain, mainland Scotland has a border with England to the southeast and is otherwise surrounded by the Atlantic Ocean to the ...
a minor reaches the age of majority at 18 although minors from the age of 16 have legal capacity to enter into contracts.
The age of criminal responsibility
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 (legal), defense known as ...
in England and Wales and in Northern Ireland is 10; and 12 in Scotland, formerly 8, which was the lowest age in Europe.
In England and Wales, cases of
minors breaking the law are often dealt with by the
Youth Offending Team. If they are
incarcerated
A prison, also known as a jail, gaol (dated, standard English, Australian, and historically in Canada), penitentiary (American English and Canadian English), detention center (or detention centre outside the US), correction center, correcti ...
, they are sent to a
Young Offender Institution
In criminal justice systems, a youth detention center, known as a juvenile detention center (JDC),Stahl, Dean, Karen Kerchelich, and Ralph De Sola. ''Abbreviations Dictionary''. CRC Press, 20011202. Retrieved 23 August 2010. , . juvenile de ...
.
Things that persons under 18 are prohibited from doing include sitting on a jury, voting, standing as a candidate, buying or renting films with an
18 certificate or
R18 certificate or seeing them in a cinema, being depicted in pornographic materials, suing without a litigant friend, being civilly liable, accessing adoption records and purchasing alcohol, tobacco products, knives and fireworks. The rules on minimum age for sale of these products are frequently broken so in practice drinking and smoking takes place before the age of majority; however many UK shops are tightening restrictions on them by asking for identifying documentation from potentially underage customers.
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.,
steamroller
A steamroller (or steam roller) is a form of road roller – a type of heavy construction machinery used for leveling surfaces, such as roads or airfields – that is powered by a steam engine. The leveling/flattening action is achieved through ...
s, 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
Alcohol most commonly refers to:
* Alcohol (chemistry), an organic compound in which a hydroxyl group is bound to a carbon atom
* Alcohol (drug), an intoxicant found in alcoholic drinks
Alcohol may also refer to:
Chemicals
* Ethanol, one of sev ...
or
gambling
Gambling (also known as betting or gaming) is the wagering of something of value ("the stakes") on a random event with the intent of winning something else of value, where instances of strategy are discounted. Gambling thus requires three el ...
laws, people under the age of 21 may also sometimes be referred to as minors.
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
A juvenile court, also known as young offender's court or children's court, is a tribunal having special authority to pass judgements for crimes that are committed by children who have not attained the age of majority. In most modern legal s ...
, 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.
The death penalty for those who have committed a crime while under the age of 18 was discontinued by the
U.S. Supreme Court
The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point o ...
case ''
Roper v. Simmons'' in 2005. 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
Drunk driving (or drink-driving in British English) is the act of driving under the influence of alcohol. A small increase in the blood alcohol content increases the relative risk of a motor vehicle crash.
In the United States, alcohol is invo ...
cases protested by the
Mothers Against Drunk Driving
Mothers Against Drunk Driving (MADD) is a non-profit organization in the United States, Canada and Brazil that seeks to stop drunk driving, support those affected by drunk driving, prevent underage drinking, and strive for stricter impaired drivi ...
.
The
U.S. Department of Defense
The United States Department of Defense (DoD, USDOD or DOD) is an executive branch department of the federal government charged with coordinating and supervising all agencies and functions of the government directly related to national secur ...
took the position that they would not consider "
enemy combatant
Enemy combatant is a person who, either lawfully or unlawfully, engages in hostilities for the other side in an armed conflict. Usually enemy combatants are members of the armed forces of the state with which another state is at war. In the case ...
s" held in
extrajudicial
Extrajudicial punishment is a punishment for an alleged crime or offense which is carried out without legal process or supervision by a court or tribunal through a legal proceeding.
Politically motivated
Extrajudicial punishment is often a fe ...
detention in the
Guantanamo Bay detainment camp
The Guantanamo Bay detention camp ( es, Centro de detención de la bahía de Guantánamo) is a United States military prison located within Guantanamo Bay Naval Base, also referred to as Guantánamo, GTMO, and Gitmo (), on the coast of Guant ...
s minors unless they were less than sixteen years old. 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
Florida is a state located in the Southeastern region of the United States. Florida is bordered to the west by the Gulf of Mexico, to the northwest by Alabama, to the north by Georgia, to the east by the Bahamas and Atlantic Ocean, and to ...
, 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
The American Civil Liberties Union (ACLU) is a nonprofit organization founded in 1920 "to defend and preserve the individual rights and liberties guaranteed to every person in this country by the Constitution and laws of the United States". T ...
. An estimated 250,000 youth are tried, sentenced, or incarcerated as adults every year across the United States.
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
Marriage, also called matrimony or wedlock, is a culturally and often legally recognized union between people called spouses. It establishes rights and obligations between them, as well as between them and their children, and between ...
, attaining economic self-sufficiency, obtaining an educational
degree
Degree may refer to:
As a unit of measurement
* Degree (angle), a unit of angle measurement
** Degree of geographical latitude
** Degree of geographical longitude
* Degree symbol (°), a notation used in science, engineering, and mathematics
...
or
diploma
A diploma is a document awarded by an educational institution (such as a college or university) testifying the recipient has graduated by successfully completing their courses of studies. Historically, it has also referred to a charter or offici ...
, or participating in a form of
military service
Military service is service by an individual or group in an army or other militia, air forces, and naval forces, whether as a chosen job (volunteer) or as a result of an involuntary draft (conscription).
Some nations (e.g., Mexico) require a ...
. In the United States, all states have some form of emancipation of minors.
References
External links
{{DEFAULTSORT:Minor (Law)
Ageism
Childhood
Juvenile law