Minor (law)
A minor is a person under the age of majority.
In law, a minor is someone who hasn't yet reached a specific age—most often the age of majority—which marks the line between being underage and being a legal adult. Where that line falls depends on the jurisdiction and the situation, but it usually sits somewhere between 18 and 21. The word "minor" can also pop up in contexts that have nothing to do with the overall age of majority. For instance, in the United States, the legal drinking and smoking age is 21, so people under that age are sometimes called minors in those specific laws, even if they're 18 or older. The terms "underage" and "minor" typically refer to someone below the age of majority, but they can also apply to someone under other legal thresholds, like the age of consent, marriageable age, driving age, voting age, or working age. Those limits often differ from the age of majority itself.
In most places, the idea of a minor isn't sharply defined. The age at which someone can be held criminally responsible, legally consent to sex, leave school, or sign a binding contract can all be different from one another. How parents are held responsible for a minor's delinquent acts also varies by country and can include things like vicarious liability or status offenses.
Many countries set the age of majority at 18. In the United States, where each state sets its own age of majority, "minor" usually means someone under 18, but in certain areas—like alcohol, gambling, and handguns—it can mean under 21. In the criminal justice system, a minor might be tried and punished as a juvenile or as an adult.
In Thailand, a minor is anyone under 20, unless they are married. In South Korea, a minor is anyone under 19. In New Zealand, the age of majority is also 20, but most adult rights are granted at younger ages.
**Canada** – Provincial and territorial governments set the age of majority, which varies: it's 18 in Alberta, Manitoba, Ontario, Quebec, Saskatchewan, and Prince Edward Island, and 19 in British Columbia, Yukon, the Northwest Territories, Nunavut, Newfoundland, Nova Scotia, and New Brunswick. In some territories, a person can become emancipated and take on full responsibility at 16. The legal drinking and gambling age is 19 in Saskatchewan, Ontario, New Brunswick, British Columbia, and Nova Scotia, but 18 in Alberta, Quebec, and Manitoba. Under cannabis laws, a minor is anyone under 19 across Canada, except Quebec (where it's 21) and Alberta (where it's 18).
**Italy** – A minor is anyone under 18, according to a 1975 law. Citizens under 18 cannot vote, be elected, get a driver's license for cars, or sign legal documents. Crimes committed by minors are handled in a juvenile court.
**Mexico** – In all 31 states, a minor is someone under 18. Minors aged 16 or 17 charged with crimes can sometimes be treated as adults.
**India** – In all 28 states and 8 union territories, a minor is someone under 18. In rare cases, minors aged 16 or 17 charged with extremely heinous crimes can be treated as adults.
**Thailand** – The Civil and Commercial Code doesn't directly define "minor," but sections 19 and 20 state that a person stops being a minor and becomes legally independent at 20, or upon marriage if done according to the law. So a minor is anyone under 20 who isn't married. Minors can't do most legal acts—like signing contracts—without a legal representative's consent (usually a parent), or the act can be voided. Exceptions include acts that only give the minor a right or free them from a duty, acts that are strictly personal, and acts suitable to their situation and reasonable needs. A minor can make a will at 15.
**South Korea** – The legal definition of a minor here is a case of Galápagos syndrome. Under the civil code, anyone over 19 (by international age) is an adult, so an 18-year-old is legally a minor. However, once they reach January 1 of the year they turn 19, they can drink, smoke, and access adult content. Under the Act on the Protection of Children and Youth Against Sex Offenses, a child is anyone under 19 (international age, not Korean age). That means child sexual abuse material (child pornography) includes anything featuring someone under 19, so even content with an 18-year-old (including high school graduates) is classified as child pornography, making possession and viewing illegal—unlike other countries. In most other countries where 18 isn't the age of majority, child pornography is defined as featuring someone under 18.
**United Kingdom** – In England and Wales, the Family Law Reform Act 1969 set the age of majority at 18. In Northern Ireland, the Age of Majority Act (Northern Ireland) 1969 also set it at 18.
- field
- Law
- definition
- Person under age of majority, typically 18–21
- common_age_of_majority
- 18 in many countries
- notable_variations
- Thailand: 20; South Korea: 19; Canada: 18 or 19 by province
- related_legal_ages
- Drinking, smoking, gambling, voting, driving, marriage, criminal responsibility
Lore & Background
In Italy, a minor is under 18 and cannot vote, be elected, drive automobiles, or sign legal instruments; crimes by minors are tried in juvenile court. In Mexico and India, a minor is under 18, though those aged 16 or 17 charged with heinous crimes may sometimes be treated as adults. In the United Kingdom, the age of majority is 18 in England, Wales, and Northern Ireland, and 16 in Scotland; the age of criminal responsibility is 10 in England, Wales, and Northern Ireland, and 12 in Scotland.
Reader's Guide
The legal concept of a minor is fundamental to defining the boundary between childhood and adulthood, affecting rights, responsibilities, and protections. The age of majority varies by country and even within countries, as seen in Canada and the United States, where states and provinces set their own ages. This variation creates complexity in areas like criminal justice, where minors may be tried as juveniles or adults depending on the jurisdiction and the severity of the crime. The concept also extends beyond the age of majority to other legal age limits, such as those for drinking, smoking, gambling, and voting, which may differ from the baseline age of majority. The lack of a sharp definition means that a person may be considered a minor for some purposes but an adult for others, as in South Korea where an 18-year-old is a minor for civil law but can drink and smoke. Understanding these distinctions is crucial for legal practitioners, policymakers, and individuals navigating the law.
Did You Know?
- In Thailand, a minor is under 20 unless married, and a minor can make a will at age 15.
- In South Korea, an 18-year-old is legally a minor, but can drink and smoke on January 1 of the year they turn 19.
- In Canada, the legal gambling and drinking age is 19 in Saskatchewan, Ontario, New Brunswick, British Columbia, and Nova Scotia, but 18 in Alberta, Quebec, and Manitoba.
Frequently Asked Questions
Who is a Minor (law)?
A minor is any individual who has not yet reached the legally recognized age of adulthood in their jurisdiction. In practical terms this usually means someone between birth and roughly 18 to 21 years old, depending on where they live.
What age does a person become a legal adult?
In most countries the threshold sits at 18, though a handful of places set it higher—Thailand uses 20 and South Korea uses 19. Within Canada the cutoff splits between 18 and 19 depending on the province.
Does the term 'minor' apply to every legal age limit?
Not exactly; the term most strictly means someone below the age of majority, but in everyday legal usage it can also describe anyone under separate thresholds for drinking, voting, driving, marriage, or criminal responsibility. These various ages frequently do not line up with one another.
What practical legal differences does minor status create?
A minor typically cannot sign binding contracts, vote, or be held to the same standard of criminal responsibility as an adult. They may also face restrictions on employment, marriage, and access to certain goods or services.
Why is the minor concept central to civil law and remedies?
Because a person's capacity to sue, be sued, or enter enforceable agreements hinges on whether they are classified as a minor, the distinction directly shapes who can invoke or be subject to civil remedies. It is the foundational filter courts apply before assessing liability or contract validity.
More in Civil Law And Remedies 1-20
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