South Dakota Legal Ages
The key age-based rights and duties in South Dakota, 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 South Dakota
Age 5
Car seat or booster age requirement ends
The child car seat or booster requirement ends at age 5; after that a seat belt can be used.
Earlier if the child weighs at least 40 pounds and wears a seat belt; from 5 to 17 a seat belt is required.
South Dakota law · SDCL §§ 32-37-1, 32-37-1.1
Age 6
Must be enrolled in school
South Dakota requires children to attend school, or approved private or home instruction, from age 6.
Applies to children who are 6 by September 1. Each child must attend kindergarten before age 7.
South Dakota law · S.D. Codified Laws § 13-27-1
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 get a learner's permit
South Dakota issues an instruction permit at 14.
South Dakota law · S.D. Codified Laws § 32-12-11
Age 14 and 9 months
Can get a first license to drive alone
A restricted minor's permit for driving alone from 6 a.m. to 10 p.m. is available after 275 days on an instruction permit issued at 14.
With an approved driver education course the permit wait is 180 days, so about 14 and 6 months (S.D. Codified Laws § 32-12-12).
South Dakota law · S.D. Codified Laws §§ 32-12-11, 32-12-12
Age 16
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.
South Dakota law · SDCL § 25-5-26(1)
Lowest marriage age with parent or court consent
With a circuit court order or the notarized consent of both parents (or a guardian), the lowest age to marry is 16.
The other party can be no more than 4 years older.
South Dakota law · SDCL 25-1-9; 25-1-13; 25-1-13.1; SL 2026, ch 118, secs. 1-4 (SB 159)
Age 18
Can leave school (compulsory attendance ends)
South Dakota's compulsory attendance requirement ends at the 18th birthday.
Ends earlier on graduation, excusal or withdrawal as the chapter allows.
South Dakota law · S.D. Codified Laws § 13-27-1
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)
South Dakota minor permit rules, including the clean-record wait for a full operator's license, cover drivers under 18.
From 16, a teen who has held the restricted minor's permit six months with no traffic conviction in the prior six months can get an operator's license; the restricted permit allows unsupervised driving only from 6 a.m. to 10 p.m.
South Dakota law · S.D. Codified Laws § 32-12-12
Can get a tattoo without a parent's consent
From 18, a person can be tattooed without a parent's consent.
South Dakota law · S.D. Codified Laws § 26-1-1; SDCL § 26-10-19
Becomes a legal adult (age of majority)
State law makes a person a legal adult, with full rights to contract and sue, at 18.
South Dakota law · SDCL § 26-1-1
Can make a will
A person of sound mind can make a valid will at 18.
South Dakota law · SDCL 29A-2-501
Can marry without a parent's consent
A person can marry without a parent's or court's consent at 18.
South Dakota law · SDCL 25-1-9
Adult adoptee can get the original birth certificate
An adult adoptee can request a copy of the original birth certificate from age 18.
South Dakota law · SDCL 34-25-16.4
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.
South Dakota law · SDCL § 16-13-10
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)
South Dakota 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.
South Dakota law · SDCL 26-7A-1(6)
Can buy a lottery ticket
State law bars selling lottery tickets to anyone under 18.
Video lottery is limited to players 21 and older (South Dakota Lottery).
South Dakota law · SDCL 42-7A-32
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 serve as governor
South Dakota's constitution requires the governor to be at least 21 years old.
South Dakota law · S.D. Const. art. IV, § 2
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
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 80
Can ask to be excused from jury service because of age
From age 80, a person can ask to be excused from jury service because of age.
The judge gives the request substantial weight but can still require service.
South Dakota law · SDCL § 16-13-10.3
Rules with no set age in South Dakota
- Rear-facing car seat age requirement ends: State law sets no rear-facing age; the car seat maker's limits govern when a child turns forward. SDCL § 32-37-1
- Can work (state minimum age): State law sets no general minimum age; the federal minimum of 14 for limited hours applies to most employers. S.D. Codified Laws § 60-12-2
- No work permit needed: This state does not require a work permit. S.D. Codified Laws ch. 60-12; § 60-12-5
- Can get a tattoo with a parent's consent: With a parent's consent, state law sets no minimum age. SDCL § 26-10-19
- Can pre-register to vote: South Dakota sets no fixed pre-registration age; a person may register if they will be 18 by the next election. SDCL 12-4-1(3)
- Can vote in a primary if 18 by the general election: 17-year-olds cannot vote in primaries; voters must be 18 on primary day. SDCL 12-4-1(3)
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Legal ages in South Dakota, rule by rule
Each row is one rule, the age it sets in South Dakota, 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 State law sets no rear-facing age; the car seat maker's limits govern when a child turns forward. | No rear-facing age set | SDCL § 32-37-1 |
| Car seat or booster age requirement ends The child car seat or booster requirement ends at age 5; after that a seat belt can be used.Earlier if the child weighs at least 40 pounds and wears a seat belt; from 5 to 17 a seat belt is required. | 5 | SDCL §§ 32-37-1, 32-37-1.1 |
School
| Rule | Age | Law |
|---|---|---|
| Must be enrolled in school South Dakota requires children to attend school, or approved private or home instruction, from age 6.Applies to children who are 6 by September 1. Each child must attend kindergarten before age 7. | 6 | S.D. Codified Laws § 13-27-1 |
| Can leave school (compulsory attendance ends) South Dakota's compulsory attendance requirement ends at the 18th birthday.Ends earlier on graduation, excusal or withdrawal as the chapter allows. | 18 | S.D. Codified Laws § 13-27-1 |
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) State law sets no general minimum age; the federal minimum of 14 for limited hours applies to most employers.South Dakota bars children under 14 from factories, workshops and mines, and limits their store work to outside school hours and before 7 p.m. | No state minimum | S.D. Codified Laws § 60-12-2 |
| No work permit needed This state does not require a work permit.A special state permit exists only for a minor whose work is needed to support the family. | No permit required | S.D. Codified Laws ch. 60-12; § 60-12-5 |
| 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 South Dakota issues an instruction permit at 14. | 14 | S.D. Codified Laws § 32-12-11 |
| Can get a first license to drive alone A restricted minor's permit for driving alone from 6 a.m. to 10 p.m. is available after 275 days on an instruction permit issued at 14.With an approved driver education course the permit wait is 180 days, so about 14 and 6 months (S.D. Codified Laws § 32-12-12). | 14 and 9 months | S.D. Codified Laws §§ 32-12-11, 32-12-12 |
| Teen license limits end (varies, see rule) South Dakota minor permit rules, including the clean-record wait for a full operator's license, cover drivers under 18.From 16, a teen who has held the restricted minor's permit six months with no traffic conviction in the prior six months can get an operator's license; the restricted permit allows unsupervised driving only from 6 a.m. to 10 p.m. | 18 | S.D. Codified Laws § 32-12-12 |
| 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 minor's parents must sign a consent form authorizing the tattoo. | No minimum age | SDCL § 26-10-19 |
| Can get a tattoo without a parent's consent From 18, a person can be tattooed without a parent's consent. | 18 | S.D. Codified Laws § 26-1-1; SDCL § 26-10-19 |
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. | 16 | SDCL § 25-5-26(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 | SDCL § 26-1-1 |
| Can make a will A person of sound mind can make a valid will at 18. | 18 | SDCL 29A-2-501 |
| Can marry without a parent's consent A person can marry without a parent's or court's consent at 18. | 18 | SDCL 25-1-9 |
| Lowest marriage age with parent or court consent With a circuit court order or the notarized consent of both parents (or a guardian), the lowest age to marry is 16.The other party can be no more than 4 years older. | 16 | SDCL 25-1-9; 25-1-13; 25-1-13.1; SL 2026, ch 118, secs. 1-4 (SB 159) |
| Adult adoptee can get the original birth certificate An adult adoptee can request a copy of the original birth certificate from age 18. | 18 | SDCL 34-25-16.4 |
Voting, juries and office
| Rule | Age | Law |
|---|---|---|
| Can pre-register to vote South Dakota sets no fixed pre-registration age; a person may register if they will be 18 by the next election. | No set pre-registration age | SDCL 12-4-1(3) |
| Can vote in a primary if 18 by the general election 17-year-olds cannot vote in primaries; voters must be 18 on primary day. | Must be 18 to vote | SDCL 12-4-1(3) |
| 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 | SDCL § 16-13-10 |
| 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 South Dakota's constitution requires the governor to be at least 21 years old. | 21 | S.D. Const. art. IV, § 2 |
| 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) South Dakota 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 | SDCL 26-7A-1(6) |
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 anyone under 18.Video lottery is limited to players 21 and older (South Dakota Lottery). | 18 | SDCL 42-7A-32 |
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 80, a person can ask to be excused from jury service because of age.The judge gives the request substantial weight but can still require service. | 80 | SDCL § 16-13-10.3 |
| 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 South Dakota 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 South Dakota 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 South Dakota'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 South Dakota?
State law makes a person a legal adult, with full rights to contract and sue, at 18. (SDCL § 26-1-1)
How old do you have to be to get a learner's permit in South Dakota?
South Dakota issues an instruction permit at 14. (S.D. Codified Laws § 32-12-11)
How old do you have to be to drive alone in South Dakota?
A restricted minor's permit for driving alone from 6 a.m. to 10 p.m. is available after 275 days on an instruction permit issued at 14. With an approved driver education course the permit wait is 180 days, so about 14 and 6 months (S.D. Codified Laws § 32-12-12). (S.D. Codified Laws §§ 32-12-11, 32-12-12)
How old do you have to be to work in South Dakota?
State law sets no general minimum age; the federal minimum of 14 for limited hours applies to most employers. South Dakota bars children under 14 from factories, workshops and mines, and limits their store work to outside school hours and before 7 p.m. (S.D. Codified Laws § 60-12-2)
Do minors need a work permit in South Dakota?
This state does not require a work permit. A special state permit exists only for a minor whose work is needed to support the family. (S.D. Codified Laws ch. 60-12; § 60-12-5)
How old do you have to be to get a tattoo in South Dakota?
From 18, a person can be tattooed without a parent's consent. With a parent's consent, state law sets no minimum age. The minor's parents must sign a consent form authorizing the tattoo. (S.D. Codified Laws § 26-1-1; SDCL § 26-10-19)
How old do you have to be to get married in South Dakota?
A person can marry without a parent's or court's consent at 18. With a circuit court order or the notarized consent of both parents (or a guardian), the lowest age to marry is 16. The other party can be no more than 4 years older. (SDCL 25-1-9; 25-1-13.1; SL 2026, ch 118, secs. 1-4 (SB 159))
At what age can you leave school in South Dakota?
South Dakota's compulsory attendance requirement ends at the 18th birthday. Ends earlier on graduation, excusal or withdrawal as the chapter allows. (S.D. Codified Laws § 13-27-1)
How old do you have to be to buy a lottery ticket in South Dakota?
State law bars selling lottery tickets to anyone under 18. Video lottery is limited to players 21 and older (South Dakota Lottery). (SDCL 42-7A-32)
Sources
- SDCL 12-4-1(3)
- S.D. Const. art. IV, § 2
- SDCL § 26-1-1
- SDCL § 25-5-26(1)
- SDCL 29A-2-501
- SDCL § 16-13-10
- SDCL § 16-13-10.3
- SDCL 25-1-9
- SDCL 25-1-9; 25-1-13; 25-1-13.1; SL 2026, ch 118, secs. 1-4 (SB 159)
- SDCL § 32-37-1
- SDCL 34-25-16.4
- S.D. Codified Laws § 32-12-11
- S.D. Codified Laws § 32-12-12
- SDCL 42-7A-32
- SDCL 26-7A-1(6)
- S.D. Codified Laws § 13-27-1
- SDCL § 26-10-19
- S.D. Codified Laws § 60-12-2
- S.D. Codified Laws ch. 60-12; § 60-12-5
- 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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