Legal Definitions - age

In legal terms, "age" refers to a period of time, most commonly the duration of a person's life, measured in full years completed. For instance, if someone is described as being 25 years of age, it means they have completed 25 full years of life, regardless of how many months or days have passed since their last birthday.

Beyond this general meaning, various specific legal "ages" define when a person gains certain rights, responsibilities, or is subject to particular laws. These are often set by statutes and can vary depending on the specific decision or action involved.

• Age of Capacity

  This is the age at which a person is legally considered mature enough to make significant decisions or enter into binding agreements. While often set at 18 years old, this age can vary for specific types of decisions.

  • Example 1: A 17-year-old aspiring musician cannot legally sign a recording contract on their own because they have not yet reached the age of capacity for entering into contracts, which is typically 18. A parent or legal guardian would need to sign on their behalf.
  • Example 2: In some states, a 14-year-old may legally be able to write a will to specify how their personal belongings should be distributed after their death. This illustrates that the age of capacity for specific actions, like writing a will, can be lower than the general age of capacity for contracts.
  • Example 3: A 16-year-old might be legally permitted to consent to certain medical treatments, such as obtaining birth control or treatment for a sexually transmitted infection, without parental consent. This is because the age of capacity for specific healthcare decisions can be lower than the general age of capacity.
• Age of Consent

  This refers to the age at which a person is legally capable of agreeing to marriage without parental permission or to engaging in sexual intercourse. If an older person has sexual intercourse with someone below the age of consent, it can be considered a crime (statutory rape), regardless of whether the younger person verbally agreed.

  • Example 1: If a 28-year-old engages in sexual activity with a 15-year-old, the 28-year-old could face criminal charges for statutory rape, even if the 15-year-old expressed willingness. This is because the 15-year-old is below the typical age of consent.
  • Example 2: A couple, both 17 years old, wishing to get married in a state where the age of consent for marriage is 18, would need their parents' permission to legally wed. If they were both 18, they could marry independently.
• Age of Criminal Responsibility

  This is the age at which a child can be held accountable for a criminal act. This age varies significantly by jurisdiction and can determine whether a child is processed through the juvenile justice system or, in some cases, tried as an adult.

  • Example 1: A 7-year-old who shoplifts a candy bar might not face formal criminal charges in a state where the minimum age of criminal responsibility is higher, as they are presumed too young to fully understand the criminal nature of their actions.
  • Example 2: A 15-year-old who commits a serious assault might be subject to adult criminal court proceedings in some jurisdictions, depending on the severity of the crime and the specific laws regarding the age of criminal responsibility for serious offenses.
• Age of Discretion

  This is the age at which a person is considered mature enough to be responsible for certain actions and competent to exercise specific powers. It implies a level of judgment and understanding.

  • Example 1: A child below the age of discretion might not be deemed capable of fully understanding the consequences of giving false testimony in court, so their statements might be handled differently than those of an adult witness.
  • Example 2: To be eligible to serve on a jury, a person must have reached the age of discretion (typically the age of majority), ensuring they are considered capable of making reasoned and impartial judgments in legal proceedings.
• Age of Majority

  This is the age, typically 18 years old in most places, at which a person officially attains full legal adult rights and responsibilities. This includes civil and political rights, such as the right to vote, enter contracts, and live independently.

  • Example 1: Upon turning 18, a young person can register to vote in federal, state, and local elections, as they have reached the age of majority and gained full political rights.
  • Example 2: A 19-year-old can sign a lease for an apartment without a parent's co-signature because they have reached the age of majority and are legally capable of entering into contracts.
  • Example 3: While the age of majority is 18, a 20-year-old in the United States still cannot legally purchase or consume alcoholic beverages. This demonstrates that specific legal restrictions can apply beyond the general age of majority.
• Age of Reason

  This refers to the age at which a person is considered capable of distinguishing right from wrong, making them potentially liable for criminal acts or civil wrongs (torts). Traditionally, there were presumptions about a child's capacity based on age, though these distinctions have largely been absorbed into modern juvenile justice systems.

  • Example 1: A 6-year-old who accidentally breaks a neighbor's window while playing would likely not be held legally responsible for the damage (a tort), as they are generally presumed to be below the age of reason and incapable of fully understanding the wrongfulness of their actions.
  • Example 2: In a jurisdiction that considers 7 to be the age of reason, a 9-year-old who intentionally defaces public property might be held accountable for their actions, as they are presumed to understand that what they did was wrong.
• Fighting Age

  This is the age at which a person becomes eligible to serve in the military or is liable for conscription (mandatory military service).

  • Example 1: In a country with universal conscription, all male citizens reaching their 18th birthday might be required to register for military service, as they have reached the fighting age.
  • Example 2: A 17-year-old who wishes to enlist in the armed forces in the United States would typically need parental consent until they reach the official fighting age of 18.