Legal Definitions - statutory exception

A statutory exception refers to a specific condition or circumstance explicitly outlined within a law (a statute) that exempts certain individuals, actions, or situations from a general rule or requirement also established by that same law or another statute. Essentially, while a law sets a broad rule, a statutory exception creates a deliberate carve-out, specifying when that rule does not apply.

Here are some examples to illustrate this concept:

• Example 1: Age Restrictions for Alcohol Consumption

  Many countries and U.S. states have a general law stating that individuals must be 21 years old to purchase or consume alcoholic beverages. However, some state laws include a statutory exception allowing minors to consume alcohol under specific circumstances, such as for religious purposes (e.g., communion wine) or when supervised by a parent or guardian in a private residence. In these cases, the law itself provides a specific carve-out from the general age restriction.

• Example 2: Public Records Disclosure

  Laws like the Freedom of Information Act (FOIA) generally mandate that government agencies must make their records available to the public upon request. However, these same laws contain several statutory exceptions. For instance, they might exempt records related to national security, trade secrets, ongoing law enforcement investigations, or personal privacy files. These exceptions are written directly into the statute, allowing the government to withhold certain information despite the general rule of public access.

• Example 3: Zoning Regulations for Home Businesses

  A city's zoning ordinance might have a general rule prohibiting commercial businesses from operating in areas designated as purely residential. However, the same ordinance, or a separate local statute, might include a statutory exception allowing certain types of small, low-impact home-based businesses (like a freelance graphic designer's office or a tutor's private lessons) to operate in a residential zone, provided they meet specific criteria such as not having external signage, not generating significant traffic, or not employing non-resident staff. This exception acknowledges the general rule but permits specific deviations under controlled conditions.