Montana Legal Ages
The key age-based rights and duties in Montana, with the law or official source behind each one: driving, work, school, tattoos, marriage, voting, jury service and more. Add a birth date to see which ages are reached and what comes next. It runs in your browser; nothing is stored.
Sources checked on October 21, 2026.
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Legal ages in Montana
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.
Montana law · MCA 61-9-420(1)
Age 7
Must be enrolled in school
Montana requires children to attend school, or approved private or home instruction, from age 7.
Montana law · MCA 20-5-102(1)
Age 9
Car seat or booster age requirement ends
The child car seat or booster requirement ends at age 9; after that a seat belt can be used.
Earlier once the child outgrows the booster.
Montana law · MCA 61-9-420(4)
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)
Montana bars employment of minors under 14 in any occupation, with listed exemptions.
Exemptions include farm work, domestic work and some family businesses.
Montana law · Mont. Code Ann. § 41-2-105
Age 14 and 6 months
Can get a learner's permit
Montana issues a learner license at 14 and 6 months to a teen taking an approved traffic education course.
Traffic education is required for every license applicant under 18 (MCA § 61-5-132(1)(c)); outside a course, the learner license age is 15 (§ 61-5-105(1)).
Montana law · MCA § 61-5-106(2)
Age 15
Can get a first license to drive alone
No license is issued under 15, and a first license needs six months on a learner license, so 15 at the earliest on the traffic education path.
Every applicant under 18 must complete traffic education and hold a learner license or traffic education permit at least 6 months (MCA § 61-5-132(1)); the traffic education learner license is available at 14 and 6 months (§ 61-5-106(2)). Requires 50 hours of supervised driving, 10 at night.
Montana law · MCA §§ 61-5-105(1), 61-5-132(1)
Age 16
Can leave school (compulsory attendance ends)
Montana's compulsory attendance requirement ends at the 16th birthday.
Attendance runs until the later of the 16th birthday or completion of 8th grade.
Montana law · MCA 20-5-102(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)
Court emancipation (adult status) can be sought
A minor can petition a court to be declared emancipated starting at age 16.
Montana grants limited emancipation; the youth, a parent or the state health department can petition.
Montana law · MCA § 41-1-501(1)
Lowest marriage age with parent or court consent
With a parent's consent and judicial approval, the lowest age to marry is 16.
Montana law · MCA 40-1-202(1); 40-1-203; 40-1-213(1)-(2)
Age 18
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)
Teen license limits end (varies, see rule)
First-year limits on a teen license last one year from issue and end at 18 at the latest.
A teen licensed at 15 and 6 months is free of the 11 p.m. to 5 a.m. and passenger limits at 16 and 6 months.
Montana law · MCA § 61-5-133(1)
Can get a tattoo without a parent's consent
From 18, a person can be tattooed without a parent's consent.
Montana law · MCA 45-2-101(6); MCA 45-5-623(1)(g)
Becomes a legal adult (age of majority)
State law makes a person a legal adult, with full rights to contract and sue, at 18.
Montana law · MCA § 41-1-101
Can make a will
A person of sound mind can make a valid will at 18.
Montana law · MCA 72-2-521
Can marry without a parent's consent
A person can marry without a parent's or court's consent at 18.
Montana law · MCA 40-1-202(1); 40-1-203; 40-1-213(1)-(2)
Adult adoptee can get the original birth certificate
An adult adoptee can request a copy of the original birth certificate from age 18.
For adoptions on or after October 1, 1997, unless a birth parent has asked that the record not be released automatically.
Montana law · MCA 42-6-109(1)(c)
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.
Montana law · Mont. Code Ann. § 3-15-301
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)
Montana 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.
Montana law · MCA 41-5-103(45)
Can buy a lottery ticket
State law bars selling lottery tickets to, or buying them by, anyone under 18.
Montana law · MCA 23-7-302(2)
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)
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)
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
Can serve as governor
Montana's constitution requires the governor to be at least 25 years old.
Montana law · Mont. Const. art. VI, § 3(1)
Age 30
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
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
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
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)
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
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)
Age 75
Can ask to be excused from jury service because of age
From age 75, a person can ask to be excused from jury service because of age.
The court or jury commissioner must excuse the person on request.
Montana law · Mont. Code Ann. § 3-15-313(5)
Rules with no set age in Montana
- No work permit needed: This state does not require a work permit. Mont. Code Ann. §§ 41-2-111 to 41-2-114 (repealed)
- Can get a tattoo with a parent's consent: With a parent's consent, state law sets no minimum age. MCA 45-5-623(1)(g)
- Can pre-register to vote: Montana sets no fixed pre-registration age; a person may apply if they will be eligible by election day. MCA 13-2-205
- Can vote in a primary if 18 by the general election: Voters must be 18 on primary day; 17-year-olds cannot vote in primaries. MCA 13-1-111(1)
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Legal ages in Montana, rule by rule
Each row is one rule, the age it sets in Montana, and the law it comes from. Federal rules apply in every state and are marked as federal.
Childhood
| Rule | Age | Law |
|---|---|---|
| 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. | 2 | MCA 61-9-420(1) |
| Car seat or booster age requirement ends The child car seat or booster requirement ends at age 9; after that a seat belt can be used.Earlier once the child outgrows the booster. | 9 | MCA 61-9-420(4) |
School
| Rule | Age | Law |
|---|---|---|
| Must be enrolled in school Montana requires children to attend school, or approved private or home instruction, from age 7. | 7 | MCA 20-5-102(1) |
| Can leave school (compulsory attendance ends) Montana's compulsory attendance requirement ends at the 16th birthday.Attendance runs until the later of the 16th birthday or completion of 8th grade. | 16 | MCA 20-5-102(1) |
Work
| Rule | Age | Law |
|---|---|---|
| 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). | 14 | 29 CFR 570.2(a)(1)Federal, all states |
| Can work (state minimum age) Montana bars employment of minors under 14 in any occupation, with listed exemptions.Exemptions include farm work, domestic work and some family businesses. | 14 | Mont. Code Ann. § 41-2-105 |
| No work permit needed This state does not require a work permit.Montana's permit sections are repealed. | No permit required | Mont. Code Ann. §§ 41-2-111 to 41-2-114 (repealed) |
| 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. | 16 | 29 CFR 570.2(a)(1)Federal, all states |
| 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. | 18 | 29 CFR 570.2(a)(1)Federal, all states |
Driving
| Rule | Age | Law |
|---|---|---|
| Can get a learner's permit Montana issues a learner license at 14 and 6 months to a teen taking an approved traffic education course.Traffic education is required for every license applicant under 18 (MCA § 61-5-132(1)(c)); outside a course, the learner license age is 15 (§ 61-5-105(1)). | 14 and 6 months | MCA § 61-5-106(2) |
| Can get a first license to drive alone No license is issued under 15, and a first license needs six months on a learner license, so 15 at the earliest on the traffic education path.Every applicant under 18 must complete traffic education and hold a learner license or traffic education permit at least 6 months (MCA § 61-5-132(1)); the traffic education learner license is available at 14 and 6 months (§ 61-5-106(2)). Requires 50 hours of supervised driving, 10 at night. | 15 | MCA §§ 61-5-105(1), 61-5-132(1) |
| Teen license limits end (varies, see rule) First-year limits on a teen license last one year from issue and end at 18 at the latest.A teen licensed at 15 and 6 months is free of the 11 p.m. to 5 a.m. and passenger limits at 16 and 6 months. | 18 | MCA § 61-5-133(1) |
| Can drive a commercial truck across state lines Federal rules require drivers of commercial vehicles in interstate commerce to be at least 21. | 21 | 49 C.F.R. § 391.11(b)(1)Federal, all states |
Tattoos
| Rule | Age | Law |
|---|---|---|
| Can get a tattoo with a parent's consent With a parent's consent, state law sets no minimum age.The parent or guardian must give explicit in-person consent, and the artist must verify the parent's identity. | No minimum age | MCA 45-5-623(1)(g) |
| Can get a tattoo without a parent's consent From 18, a person can be tattooed without a parent's consent. | 18 | MCA 45-2-101(6); MCA 45-5-623(1)(g) |
Adulthood and family
| Rule | Age | Law |
|---|---|---|
| Court emancipation (adult status) can be sought A minor can petition a court to be declared emancipated starting at age 16.Montana grants limited emancipation; the youth, a parent or the state health department can petition. | 16 | MCA § 41-1-501(1) |
| Becomes a legal adult (age of majority) State law makes a person a legal adult, with full rights to contract and sue, at 18. | 18 | MCA § 41-1-101 |
| Can make a will A person of sound mind can make a valid will at 18. | 18 | MCA 72-2-521 |
| Can marry without a parent's consent A person can marry without a parent's or court's consent at 18. | 18 | MCA 40-1-202(1); 40-1-203; 40-1-213(1)-(2) |
| Lowest marriage age with parent or court consent With a parent's consent and judicial approval, the lowest age to marry is 16. | 16 | MCA 40-1-202(1); 40-1-203; 40-1-213(1)-(2) |
| Adult adoptee can get the original birth certificate An adult adoptee can request a copy of the original birth certificate from age 18.For adoptions on or after October 1, 1997, unless a birth parent has asked that the record not be released automatically. | 18 | MCA 42-6-109(1)(c) |
Voting, juries and office
| Rule | Age | Law |
|---|---|---|
| Can pre-register to vote Montana sets no fixed pre-registration age; a person may apply if they will be eligible by election day. | No set pre-registration age | MCA 13-2-205 |
| Can vote in a primary if 18 by the general election Voters must be 18 on primary day; 17-year-olds cannot vote in primaries. | Must be 18 to vote | MCA 13-1-111(1) |
| Can vote The U.S. Constitution guarantees the right to vote at 18 in every federal, state and local election. | 18 | U.S. Const. amend. XXVI, § 1Federal, all states |
| 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)).Law change: The FY 2026 National Defense Authorization Act (signed December 18, 2025) makes registration automatic; the Selective Service System says it will implement the change by December 2026. | 18 | 50 U.S.C. § 3802(a)Federal, all states |
| Can be called for state jury service A person can be called for state jury service from age 18. | 18 | Mont. Code Ann. § 3-15-301 |
| 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. | 18 | 28 U.S.C. § 1865(b)(1)Federal, all states |
| Can serve in the U.S. House The Constitution sets 25 as the minimum age for the U.S. House of Representatives. | 25 | U.S. Const. art. I, § 2, cl. 2Federal, all states |
| Can serve as governor Montana's constitution requires the governor to be at least 25 years old. | 25 | Mont. Const. art. VI, § 3(1) |
| Can serve in the U.S. Senate The Constitution sets 30 as the minimum age for the U.S. Senate. | 30 | U.S. Const. art. I, § 3, cl. 3Federal, all states |
| Can serve as President The Constitution sets 35 as the minimum age for President. | 35 | U.S. Const. art. II, § 1, cl. 5Federal, all states |
Criminal court
| Rule | Age | Law |
|---|---|---|
| Charged as an adult by default (juvenile court age ends) Montana 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. | 18 | MCA 41-5-103(45) |
Age-restricted purchases
| Rule | Age | Law |
|---|---|---|
| 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. | 21 | 21 U.S.C. § 387f(d)(5)Federal, all states |
| 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). | 21 | 23 U.S.C. § 158(a)Federal, all states |
| Can buy a lottery ticket State law bars selling lottery tickets to, or buying them by, anyone under 18. | 18 | MCA 23-7-302(2) |
Money
| Rule | Age | Law |
|---|---|---|
| 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. | 21 | 15 U.S.C. § 1637(c)(8)Federal, all states |
Later life
| Rule | Age | Law |
|---|---|---|
| Can start Social Security retirement benefits (reduced) Social Security retirement benefits can start at 62, permanently reduced. | 62 | SSA, Retirement Benefits: Benefit reduction for early retirementFederal, all states |
| 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. | 65 | 42 U.S.C. § 426(a)Federal, all states |
| Full Social Security retirement age (born 1960 or later) Full Social Security retirement age is 67 for anyone born in 1960 or later. | 67 | SSA, Full Retirement and Age 62 Benefit By Year Of BirthFederal, all states |
| Can ask to be excused from jury service because of age From age 75, a person can ask to be excused from jury service because of age.The court or jury commissioner must excuse the person on request. | 75 | Mont. Code Ann. § 3-15-313(5) |
| Retirement-account minimum withdrawals begin Required minimum distributions from traditional retirement accounts begin at 73 for people who turn 72 after 2022.Law change: Rises to 75 for people who turn 74 after December 31, 2032. | 73 | 26 U.S.C. § 401(a)(9)(C)(v)Federal, all states |
How Montana sets these ages
State law makes a person a legal adult, with full rights to contract and sue, at 18. Some rights arrive before that age and some after it, and several rules below give minors a path that needs a parent's consent or a court's approval.
For work, federal child-labor law does not excuse an employer from a Montana rule with a higher standard (29 U.S.C. § 218(a)), so the stricter rule applies to employers covered by both. A row without an age says why, for example: no permit is required, the law sets no minimum age, or the state has no rule of that kind.
The age of consent
The age of consent is not a milestone and is not part of this ladder. See age of consent laws by state for Montana's law and its legal context.
What this tool does not do
- It does not give legal advice or say whether a specific person may do something. Many rules have conditions (a parent present, a course passed, a court order) that the rule line names but the tool cannot check.
- It does not cover city or county rules (curfews, local tattoo or business ordinances) or private policies such as rental-car age minimums.
- It does not track pending bills. A rule changes on this page only after it is enacted and we confirm it at an official source.
- It does not show the age of consent. That is covered, with its legal context, on our age of consent page.
- It does not cover every age rule. Firearms, cannabis, casino gambling, the minimum age to adopt and curfews are not included.
Frequently Asked Questions
What is the age of majority in Montana?
State law makes a person a legal adult, with full rights to contract and sue, at 18. (MCA § 41-1-101)
How old do you have to be to get a learner's permit in Montana?
Montana issues a learner license at 14 and 6 months to a teen taking an approved traffic education course. Traffic education is required for every license applicant under 18 (MCA § 61-5-132(1)(c)); outside a course, the learner license age is 15 (§ 61-5-105(1)). (MCA § 61-5-106(2))
How old do you have to be to drive alone in Montana?
No license is issued under 15, and a first license needs six months on a learner license, so 15 at the earliest on the traffic education path. Every applicant under 18 must complete traffic education and hold a learner license or traffic education permit at least 6 months (MCA § 61-5-132(1)); the traffic education learner license is available at 14 and 6 months (§ 61-5-106(2)). Requires 50 hours of supervised driving, 10 at night. (MCA §§ 61-5-105(1), 61-5-132(1))
How old do you have to be to work in Montana?
Montana bars employment of minors under 14 in any occupation, with listed exemptions. Exemptions include farm work, domestic work and some family businesses. (Mont. Code Ann. § 41-2-105)
Do minors need a work permit in Montana?
This state does not require a work permit. Montana's permit sections are repealed. (Mont. Code Ann. §§ 41-2-111 to 41-2-114 (repealed))
How old do you have to be to get a tattoo in Montana?
From 18, a person can be tattooed without a parent's consent. With a parent's consent, state law sets no minimum age. The parent or guardian must give explicit in-person consent, and the artist must verify the parent's identity. (MCA 45-2-101(6); MCA 45-5-623(1)(g))
How old do you have to be to get married in Montana?
A person can marry without a parent's or court's consent at 18. With a parent's consent and judicial approval, the lowest age to marry is 16. (MCA 40-1-202(1); 40-1-203; 40-1-213(1)-(2))
At what age can you leave school in Montana?
Montana's compulsory attendance requirement ends at the 16th birthday. Attendance runs until the later of the 16th birthday or completion of 8th grade. (MCA 20-5-102(1))
How old do you have to be to buy a lottery ticket in Montana?
State law bars selling lottery tickets to, or buying them by, anyone under 18. (MCA 23-7-302(2))
Sources
- MCA 13-2-205
- MCA 13-1-111(1)
- Mont. Const. art. VI, § 3(1)
- MCA § 41-1-101
- MCA § 41-1-501(1)
- MCA 72-2-521
- Mont. Code Ann. § 3-15-301
- Mont. Code Ann. § 3-15-313(5)
- MCA 40-1-202(1); 40-1-203; 40-1-213(1)-(2)
- MCA 61-9-420(1)
- MCA 42-6-109(1)(c)
- MCA § 61-5-106(2)
- MCA §§ 61-5-105(1), 61-5-132(1)
- MCA § 61-5-133(1)
- MCA 23-7-302(2)
- MCA 41-5-103(45)
- MCA 20-5-102(1)
- MCA 45-5-623(1)(g)
- MCA 45-2-101(6); MCA 45-5-623(1)(g)
- Mont. Code Ann. § 41-2-105
- Mont. Code Ann. §§ 41-2-111 to 41-2-114 (repealed)
- U.S. Const. amend. XXVI, § 1
- 23 U.S.C. § 158(a)
- 21 U.S.C. § 387f(d)(5)
- 28 U.S.C. § 1865(b)(1)
- 50 U.S.C. § 3802(a)
- 15 U.S.C. § 1637(c)(8)
- 49 C.F.R. § 391.11(b)(1)
- 29 CFR 570.2(a)(1)
- U.S. Const. art. I, § 2, cl. 2
- U.S. Const. art. II, § 1, cl. 5
- SSA, Retirement Benefits: Benefit reduction for early retirement
- 42 U.S.C. § 426(a)
- 26 U.S.C. § 401(a)(9)(C)(v)
Sources checked on October 21, 2026.
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