Last reviewed November 2010

Resources on Minnesota Legislative Issues
Legal Age in Minnesota

This guide is provided as an introduction to legal age laws in Minnesota. There are many other laws relating to age that are not mentioned here. Furthermore, there may be additional Minnesota Statutes, Minnesota Rules, court cases, federal law, or local government ordinances that apply to the subject areas that are mentioned in this guide. The information presented here cannot substitute for competent advice from an attorney.

GETTING STARTED ON LEGAL AGE RESEARCH:

• Youth and the Law: A Guide for Legislators, by the Minnesota Legislature's House Research Department.
• The index of the Minnesota Statutes links directly to statutes that deal with age.

SELECTED AGE PROVISIONS RELATING TO YOUTH:

The following citations are from the Minnesota Statutes unless otherwise noted.

• Adult Prosecution: 609.055

• Body Piercing: 325F.814

• Curfew: 145A.05, subdivision 7a, states that a county board may adopt an ordinance establishing a county wide curfew for unmarried persons under 18 years of age.

• Drinking Age:
  • Persons under 21: 340A.503
  • Misdemeanors: 340A.703
  • Petty offenders: 260B.235
  • Underage drinking and driving (Not a Drop Law): 169A.33
  • Confections containing alcohol: 31.76

Prior to 1973, the drinking age was the age of legal adulthood (age of majority), which was 21 (Minnesota Statutes 1971, section 645.45). In 1973, the age of majority was lowered from 21 to 18. This dropped the drinking age to 18 (Laws of Minnesota 1973, chapter 725, effective June 1, 1973). The legal drinking age was raised to 19 in 1976 (Laws of Minnesota 1976, chapter 66, effective September 1, 1976). The drinking age was raised to the current age of 21 in 1986 (Laws of Minnesota 1986, chapter 330). It included a grandfather clause: persons who were 19 years old by September 1, 1986 were treated as 21 year olds for liquor law purposes.

• Education:
  • Age limitations: 120A.20
  • Compulsory instruction: 120A.22
  • Enrollment: 124D.02

• Elections:
  • Candidates for public office:
  • Governor and Lieutenant Governor: Minnesota Constitution, article 5, section 2
  • Other elective offices: Minnesota Constitution, article 7, section 6
  • Filing for primary; affidavit of candidacy: 204B.06
  • Voting:
  • Eligibility to vote: 201.014
  • Elective franchise: eligibility: Minnesota Constitution, article 7, section 1
  • Additional information on elections (Minnesota Secretary of State)

• Emancipation of a Minor: Emancipation means that a minor has the same legal rights and obligations as an 18-year-old adult. The Minnesota Statutes do not provide either the grounds or a procedure for emancipation. Minnesota case law has established that a minor can be emancipated by a legal marriage or by parental consent. For additional information see, Youth and the Law: A Guide for Legislators, p. 44-45.

• Employment:
  • Child labor: 181A.01-181A.12
  • Additional information on child labor laws (Minnesota Department of Labor & Industry)

• Firearms:
  • Possession of firearms by persons under age 16: 97B.021
  • Rifles and shotguns in public places: 624.7181, subdivision 2
  • Pistols or semiautomatic military-style assault weapons: 624.713
  • For additional information see the Minnesota House Research publication, Minnesota Firearms Law for Minors.

• Fishing and Hunting
  • Fishing:
    • License requirements: 97A.451
    • Trout and salmon stamps: 97C.305
    • Sale of leeches: 97C.501, subdivision 3
  • Hunting:
  • License requirements: 97A.451
  • Small game license: 97B.601, subdivision 4
  • Youth deer license: 97A.485, subdivision 12; 97B.301, subdivision 6
  • Elk license: 97A.433, subdivision 2
  • Moose license: 97A.431, subdivision 2
  • Turkey license: 97A.435, subdivision 2
  • Pheasant stamp: 97B.715
  • Turkey stamp: 97B.721
  • Migratory waterfowl stamp: 97B.801
  • Canada goose license: 97B.802
  • Firearms: 97B.015, subdivision 5 (safety course); 97B.021 (possession)
  • Additional information on Minnesota's fishing and hunting laws:
  • Minnesota Fishing Regulations (Minnesota DNR)
  • Minnesota Hunting and Trapping Regulations (Minnesota DNR)

• Gambling:
  • Lawful gambling: 349.181
  • Pari-mutuel betting: 240.13, subdivision 8, 240.25, subdivision 8
  • State lottery: 349A.12
  • Indian gaming establishments: See section 4.3 of the Video Games of Chance Compact and the Blackjack Compact.
  • Additional information on Minnesota's gambling laws:
    • Minnesota Gambling Control Board
    • Minnesota Racing Commission
    • Minnesota State Lottery

• Health Care:
  • Consent for self when living apart from parents and managing financial affairs: 144.341
  • Marriage or giving birth, consent for health service for self or child: 144.342
  • Pregnancy, venereal disease, alcohol or drug abuse, abortion: 144.343
  • Emergency treatment: 144.344
  • For additional information see, Minors' Consent for Health Care, by the Minnesota House Research Department.

• Legal Age: Minnesota Statutes 645.451 provides general definitions of the terms minor, adult, minority, majority, legal age, and full age.

• Marriage: 517.02

• Motor Vehicles (Licenses, Operation, & Registration):
  • On-Road & Farm Vehicles:
    • Auto insurance for minors: 2010 Minn. Laws Chapter 278 (65B.136)
    • Drivers license: 171.04
    • Provisional license: 171.055
    • Instructional permit: 171.05
    • Ownership, registration by person under age 18: 168.101
    • Motorcycle, motor scooter, motor bike, motorized bicycle: 169.974; 169.223
    • Seat belts: 169.685 (passenger restraint system for children); 169.686 (seat belt requirements)
    • Restricted license for farm work: 171.041
  • Off-Road & Recreational:
    • Off-road vehicles: 84.798, subdivision 9 (registration); 84.802 (operation).
    • All-terrain (ATV): 84.922, subdivision 10 (registration); 84.925 (training); 84.9256 (operation).
    • Off-highway motorcycles: 84.788, subdivision 10 (registration); 84.793 (operation)
    • Snowmobiles: 84.82, subdivision 8 (registration); 84.862 (training); 84.872 (operation)
    • Watercraft: 86B.101 (training); 86B.305 (operation)
    • Personal watercraft: 86B.313, subdivisions 2 and 3
  • Additional information on Minnesota motor vehicle laws:
    • Minnesota Drivers Manual (Minnesota Department of Public Safety)
    • Motorcycle, Motorized Bicycle (Moped), and Electric-Assisted Bicycle Manual (Minnesota Department of Public Safety)
    • Boating and Water Recreation Regulations (Minnesota Department of Natural Resources)
    • Off-Highway Vehicle Regulations (Minnesota Department of Natural Resources)
    • Snowmobile Regulations (Minnesota Department of Natural Resources)

• Sexual Conduct (Criminal):
  • First degree: 609.342
  • Second degree: 609.343
  • Third degree: 609.344
  • Fourth degree: 609.345
  • Fifth degree: 609.3451

• Tattoos: 609.2246

• Tobacco Products: 609.685

SIGNIFICANT ARTICLES:

Greenblatt, Alan. "What is the Age of Responsibility? From Sex to Driving to Juvenile Justice to Drinking, State and Local Laws Send Young People Mixed Messages About Their Own maturity. Is There a Better Way? " Governing, October 2009, p. 24-31.

ADDITIONAL LIBRARY RESOURCES:

Check the following codes in the Newspaper Clipping File and the Vertical File:
A9 (Age-Legal), A9.2 (Age-Legal-Liquor), A10 (Age & Employment), E44.18 (Employment-Youth), M124.2 (Motor Vehicle Drivers-Age)