Kids and the Law
Issued by the State Bar of California (a lawyers' group), the Kids and the Law packet has many interesting facts and important information about legal issues for kids and parents. Order by e-mail at kids@calbar.ca.gov, with your mailing address and the number of copies you want. Or send a request by regular mail (with address information and number of copies desired) to:
Kids and the Law, Office of Media and Information ServicesThe packet covers a range of topics, such as those listed below. (Please note that the following information applies to kids in California only. If you live in another state, you might want to contact your own state bar group to see if they have something similar.)
State Bar of California
180 Howard Street
San Francisco, CA 94105-1639
- The Age of Majority
- Alcohol and Kids
- Bikes, Skateboards and Scooters
- Cars, Kids and Traffic Laws
- Civil Laws and Lawsuits
- Criminal Law and Crimes
- Curfew Laws
- Drugs and Kids
- Emancipation
- Fighting
- Gangs, Gang Colors and Dress Codes
- Graffiti
- Guns and Other Dangerous Weapons
- Hate Crimes and Hate Speech
- Juvenile Court
- Kids in Need of Supervision
- Parents' Rights and Responsibilities
- Police and Police Encounters
- Privacy and Kids
- Receiving Stolen Property
- Schools and School Rules
- Sex and Kids
- Smoking and Kids
- Stealing
- Truancy
- Vandalism
- Work, Work Permits and Taxes
The Age of Majority
When you legally become an adult, you have reached the "age of majority." In California, the age of majority is 18. At this age, you can enter contracts, buy real estate or stock, marry, sue someone, be sued, vote and do many other things.
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Alcohol and Kids
Alcohol can be harmful for anyone, especially kids. Drinking before age 21 is illegal. If a kid ages 13 to 21 drinks, their driver’s license will be taken away or delayed for up to one year for each offense. There are also fines and required community service for such offenses.
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Bikes, Skateboards and Scooters
Bicyclists follow the same rules of the road as cars. Bike riders must always wear helmets and reflectors at night. There are also laws that limit where kids can skateboard, use in-line skates or roller skates or ride scooters. At skate parks, knee, elbow and helmets are required. It is illegal to hold onto a moving car or vehicle if you are using a skateboard, rollerblades/rollerskates, a bike or a scooter.
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Cars, Kids and Traffic Laws
In California, you have to be at least 16 years old to get a provisional driver's license. Check out the California Department of Motor Vehicles Web site) for more information.
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Civil Laws and Lawsuits
Civil actions are lawsuits in which somebody is sued to pay money for a wrongdoing. There are time limits on how soon the lawsuit must be filed after the time of injury, damage, libel, slander or wrongdoing.
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Criminal Law and Crimes
A criminal law violation is considered a crime against society, such as murder or drug possession. The state files a lawsuit for everyone in the society. Punishment in criminal cases can include monetary fines or jail time. Civil cases involve only fines. There are three categories in criminal cases: felonies, misdemeanors and infractions.
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Curfew Laws
Some jurisdictions have laws that protect children by not allowing them to be out alone late at night. In California, there is no state curfew, but some counties have curfews.
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Drugs and Kids
There are severe health and legal consequences for drug use by kids or anyone else. The packet features information on commonly abused drugs and laws regarding kids and drug possession or use.
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Emancipation
Emancipation means that parents are no longer legally responsible for a child; instead, the child is responsible for him- or herself. This happens automatically at age 18. It also happens if a minor is married (with parental agreement) or if the minor is in the Armed Forces. Minors who are at least 14 can apply for emancipation.
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Fighting
Fighting can have serious consequences besides hurting someone. The police can escort you home or press criminal charges of assault and battery or disturbing the peace.
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Gangs, Gang Colors and Dress Codes
In Los Angeles, there are estimated to be 95,000 gang members. The packet has legal information about gangs and reasons why kids join gangs.
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Graffiti
Somebody who destroys property on purpose can be found guilty of vandalism. People who vandalize property with graffiti or in other ways may face fines and/or prison time, as well as requirements to fix the graffiti or broken property.
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Guns and Other Dangerous Weapons
There are many laws that prohibit kids from owning or using weapons. It is even a misdemeanor to pretend a fake weapon is real and to act threatening.
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Hate Crimes and Hate Speech
Crimes that are motivated by hatred or prejudice are called hate crimes. There are special laws that apply to this type of crime.
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Juvenile Court
California has a separate court where kids who commit crimes can be tried. There are courts for delinquents, kids who have committed status offenses, or kids who have been abused, neglected or abandoned. Until age 21, kids are usually tried in juvenile court, unless the crime was very serious. Then, a kid can be tried as an adult.
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Kids in Need of Supervision
This refers to kids who have caretakers that can't control them, have violated a curfew, have skipped school too many times in a year or refuse to obey authorities. These kids could be taken into custody if their parents can no longer control them. A kid wouldn't be taken into custody for being bad once or skipping school once, but for repeated offenses that the child chooses to do consciously.
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Parents' Rights and Responsibilities
This section outlines the rights that parents have and the responsibilities they have to their children. It’s mostly for grown-ups to read.
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Police and Police Encounters
This outlines kid's rights in case of search, seizure or any other police procedure.
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Privacy and Kids
Kids have privacy rights, or what the government calls "reasonable expectations of privacy." This is hard to define, but in most cases, it means that if the government wants to violate someone's privacy, it has to be somehow justified. At home, parents can legally search a kid's room, because they usually own the house. California gives rights to privacy for children 12 and older in certain medical situations, such as receiving birth control or cases of rape.
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Receiving Stolen Property
It is illegal to buy property that was stolen and there can be fines of at least $400 for doing so. If you do not know that you are buying stolen property, however, you cannot be held accountable for something you did not know was illegal.
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Schools and School Rules
Be sure to know your school rules so you don't violate them. There are state guidelines for being suspended or expelled. Under these laws, parents can challenge the suspension if it was unjustified.
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Sex and Kids
In California, it is illegal for minors to have sex or for anyone else to have sex with a minor. If somebody older has sex with a minor it is called statutory rape. If someone forces a child to have sex, it is called forcible rape. Such cases should be reported to the police so the child can get medical and psychological help. The packet also lists ways to avoid sexual predators on the Internet.
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Smoking and Kids
It is illegal for minors to own, buy or receive tobacco products. Identification is required to buy cigarettes or tobacco if the person appears under 18.
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Stealing
Also known as theft, stealing means taking, "carrying or driving away with someone else's personal property." It is also considered stealing to use somebody else's personal information or credit card, bank information or computer password to transfer funds or pay for something. It is illegal to download pirated music or other copyrighted materials from the Internet without permission, access somebody else's computer, delete or damage files without being asked or create computer viruses. There are two degrees of theft: grand and petty. If the theft involves something worth more than $400, it is considered grand theft. There can be fines up to $10,000 and jail time for any type of theft.
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Truancy
In California, almost all children between 6 and 18 are required to attend school or classes. A child is considered truant if they have three or more unexcused absences or three or more 30-minute tardies during the school year. There are some valid excuses for absences, like court appearances, religious services or training, an advance request from a parent or an illness. Truancy is punishable by law, including fines or requirements that the parents deliver the kid to school on time every day.
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Vandalism
This means that somebody destroys property with a malicious (mean) intent. Vandalism includes graffiti, breaking windows, scratching a car, littering, cruelty to animals, opening mail that is not yours, setting off false fire alarms, removing or defacing landmarks, or other destructive or malicious activities.
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Work, Work Permits and Taxes
Kids ages 12 to 18 must receive a work permit if they are employed. There are limitations on work hours for children. There are also special tax laws for kids who work.
The packet also contains a special section on legal terms.
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Author: Katie Ransohoff, high school student writer
Reviewed by the Web Content Committee of PAMF
