Delaware Legal Ages

Legal ages in Delaware

1. Age 2

   • Rear-facing car seat age requirement ends

     The law requires a rear-facing seat until age 2; after that a child may ride forward-facing.

     Earlier once the child weighs 30 pounds.

     Delaware law · 21 Del. C. § 4803(a)(2)

2. Age 5

   • Must be enrolled in school

     Delaware requires children to attend school, or approved private or home instruction, from age 5.

     A parent may request a one-year kindergarten delay.

     Delaware law · 14 Del. C. § 2702(a)(1)

3. Age 14

   • Can work limited hours in non-hazardous jobs (federal rule)

     Federal law lets 14- and 15-year-olds work in permitted non-hazardous jobs, outside school hours and within weekly hour limits.

     Limits: no more than 3 hours on a school day and 18 hours in a school week; 8 hours a day and 40 hours a week when school is out; only between 7 a.m. and 7 p.m. (9 p.m. from June 1 through Labor Day) (29 C.F.R. 570.35).

     Federal rule, applies in every state · 29 CFR 570.2(a)(1)

   • Can work (state minimum age)

     Delaware bars employment of minors under 14.

     Farm work, domestic work and some family work fall outside the law.

     Delaware law · 19 Del. C. § 505

4. Age 16

   • Can leave school (compulsory attendance ends)

     Delaware's compulsory attendance requirement ends at the 16th birthday.

     Delaware law · 14 Del. C. § 2702(a)(1)

   • Can work any non-hazardous job (federal rule)

     At 16, the general federal minimum working age applies: any job except those the Labor Department declares hazardous.

     Federal rule, applies in every state · 29 CFR 570.2(a)(1)

   • Can get a learner's permit

     Delaware issues a Level 1 Learner's Permit at 16.

     A driver education learner permit may be issued after the 16th birthday to a student enrolled in driver education.

     Delaware law · 21 Del. C. § 2710(a)

   • Can pre-register to vote

     Delaware lets eligible residents pre-register to vote at 16; they can vote once they turn 18.

     Delaware law · 15 Del. C. § 1701(b)

5. Age 16 and 6 months

   • Can get a first license to drive alone

     Delaware has no separate intermediate license: after six months, a Level 1 permit holder may drive alone from 6 a.m. to 10 p.m.

     Permit holders 16 and older; a parent must certify 50 hours of driving, 10 at night, before solo driving.

     Delaware law · 21 Del. C. § 2710(c)(3)-(4)

6. Age 17

   • Teen license limits end (varies, see rule)

     A Class D license without permit limits is available at 17 after 12 months on the Level 1 permit.

     Delaware law · 21 Del. C. § 2710(d)

   • Can vote in a primary if 18 by the general election

     Delaware lets 17-year-olds vote in a primary if they will be 18 by the general election.

     Delaware law · 15 Del. C. § 1701(a)

7. Age 18

   • No work permit needed

     Delaware employers must hold a validated employment certificate for each worker under 18.

     Delaware law · 19 Del. C. §§ 502(4), 504(a)

   • Can work in jobs federal law calls hazardous

     At 18, the federal bar on jobs the Labor Department declares hazardous for minors ends for non-farm work.

     Federal rule, applies in every state · 29 CFR 570.2(a)(1)

   • Can get a tattoo without a parent's consent

     From 18, a person can be tattooed without a parent's consent.

     Delaware law · 11 Del. C. § 1114(d)(2)

   • Becomes a legal adult (age of majority)

     State law makes a person a legal adult, with full rights to contract and sue, at 18.

     Delaware law · 1 Del. C. § 701

   • Can make a will

     A person of sound mind can make a valid will at 18.

     Delaware law · 12 Del. C. 201

   • Can marry without a parent's consent

     A person can marry without a parent's or court's consent at 18.

     Delaware law · 13 Del. C. 123(a); 81 Del. Laws c. 235

   • Can vote

     The U.S. Constitution guarantees the right to vote at 18 in every federal, state and local election.

     Federal rule, applies in every state · U.S. Const. amend. XXVI, § 1

   • Must register with Selective Service (men)

     Men 18 through 25 who are U.S. citizens or live in the United States must register with the Selective Service System.

     Men admitted on a nonimmigrant visa are exempt while they keep that status (50 U.S.C. 3802(a)).

     Federal rule, applies in every state · 50 U.S.C. § 3802(a)

   • Can be called for state jury service

     A person can be called for state jury service from age 18.

     Delaware law · 10 Del. C. § 4509(b)

   • Can be called for federal jury service

     Federal courts may call U.S. citizens 18 or older who have lived in the judicial district for a year.

     Federal rule, applies in every state · 28 U.S.C. § 1865(b)(1)

   • Charged as an adult by default (juvenile court age ends)

     Delaware tries people charged with a crime in adult court by default from age 18; younger defendants start in juvenile court.

     A juvenile court can transfer some younger defendants to adult court for serious offenses.

     Delaware law · 10 Del. C. § 901(4)

   • Can buy a lottery ticket

     State law bars anyone under 18 from buying a lottery ticket.

     Video lottery, sports lottery, table games and internet table or video lottery games require players to be 21 (29 Del. C. § 4810(a)(2)).

     Delaware law · 29 Del. C. § 4810(a)(1)

8. Age 21

   • Can drive a commercial truck across state lines

     Federal rules require drivers of commercial vehicles in interstate commerce to be at least 21.

     Federal rule, applies in every state · 49 C.F.R. § 391.11(b)(1)

   • Adult adoptee can get the original birth certificate

     An adult adoptee can request a copy of the original birth certificate from age 21.

     Delaware law · 13 Del. C. 923(b)

   • Can buy tobacco or vapes

     Federal law bars any retailer from selling cigarettes, vapes or other tobacco products to anyone under 21, in every state.

     Federal rule, applies in every state · 21 U.S.C. § 387f(d)(5)

   • Can buy alcohol

     Federal highway funding law withholds funds from any state that lets anyone under 21 buy alcohol or possess it in public, so every state sets 21.

     Federal rules let states exempt possession (not purchase) for a religious purpose, with a parent, spouse or legal guardian 21 or older, for medical use, in private clubs, or in lawful employment (23 C.F.R. 1208.3).

     Federal rule, applies in every state · 23 U.S.C. § 158(a)

   • Under-21 credit card limits end (no cosigner or independent income needed)

     Under 21, a card issuer may open a credit card only with a cosigner or proof that you can repay on your own.

     Federal rule, applies in every state · 15 U.S.C. § 1637(c)(8)

9. Age 25

   • Can serve in the U.S. House

     The Constitution sets 25 as the minimum age for the U.S. House of Representatives.

     Federal rule, applies in every state · U.S. Const. art. I, § 2, cl. 2

10. Age 30

    • Can serve as governor

      Delaware's constitution requires the governor to be at least 30.

      Delaware law · Del. Const. art. III, § 6

    • Can serve in the U.S. Senate

      The Constitution sets 30 as the minimum age for the U.S. Senate.

      Federal rule, applies in every state · U.S. Const. art. I, § 3, cl. 3

11. Age 35

    • Can serve as President

      The Constitution sets 35 as the minimum age for President.

      Federal rule, applies in every state · U.S. Const. art. II, § 1, cl. 5

12. Age 62

    • Can start Social Security retirement benefits (reduced)

      Social Security retirement benefits can start at 62, permanently reduced.

      Federal rule, applies in every state · SSA, Retirement Benefits: Benefit reduction for early retirement

13. Age 65

    • Eligible for Medicare by age

      Medicare hospital insurance by age begins at 65 for people entitled, or who would be entitled, to Social Security or Railroad Retirement benefits.

      Federal rule, applies in every state · 42 U.S.C. § 426(a)

14. Age 67

    • Full Social Security retirement age (born 1960 or later)

      Full Social Security retirement age is 67 for anyone born in 1960 or later.

      Federal rule, applies in every state · SSA, Full Retirement and Age 62 Benefit By Year Of Birth

15. Age 70

    • Can ask to be excused from jury service because of age

      From age 70, a person can ask to be excused from jury service because of age.

      Delaware Superior Court's 2014 jury plan lists being "over 70 years of age" as a showing of hardship, and the court excuses on that showing.

      Delaware law · 10 Del. C. § 4511(b); Del. Super. Ct. Petit Jury Plan § 7

16. Age 73

    • Retirement-account minimum withdrawals begin

      Required minimum distributions from traditional retirement accounts begin at 73 for people who turn 72 after 2022.

      Federal rule, applies in every state · 26 U.S.C. § 401(a)(9)(C)(v)

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