Demystifying the Age of Legal Capacity in Mississippi

Age of Majority Within the State of Mississippi

The age of majority, the age at which a person is considered an adult in Mississippi, is 21 years old. Once a person has reached the age of majority, he or she is no longer subject to guardianship or conservatorship and is deemed competent in the eyes of the law. Thus, a 16-year-old cannot, even with the consent of the parents, marry without a chancery court order granting permission . Similarly, those under the age of 21 cannot join the military without parental consent or a court order. After a person reaches the age of 21, he or she can execute a will, and unless otherwise specified in the will, a child will be an equal beneficiary in the estate distribution.

Minimum Age to Operate a Motor Vehicle

The legal age to get a Mississippi driver’s license is 16 years, but the application process for a full license begins much earlier. Beginning at the age of 15, residents of Mississippi can apply for a learner’s permit. It is mandatory to be 15 years old and passing grade 9 to apply for a learner’s permit. Obtaining a learner’s permit means that a person has passed the written exam. An applicant who is age 17 or older may apply for a learner’s permit without passing a driving skills test. A person under the age of 17 must successfully complete a driving skills test. Once a learner’s permit is obtained, the holder may operate a motor vehicle along with a licensed driver who is 21 or older. Arrangements need to be made to have a test administered even if the applicant has a learner’s permit. The on-the-road skills test, administered by the Department of Public Safety (DPS), is comparable to a job interview. The "interview" may make or break a person’s career as a licensed driver. A miss on the skills test results in two alternatives: The skills test may be retaken on a different day after a waiting period. There are two ways to qualify for a full driver’s license: The exact requirements depend on a person’s age when applying for the original driving permit.

Legal Drinking Age Within the State of Mississippi

Mississippi follows the general rule that the minimum legal drinking age is 21 years of age. However, there are two notable exceptions provided in the state law. The rule on the general drinking age is framed under Mississippi Code Annotated Section 67-3-53 and begins as follows:
No person shall sell or deliver at retail or for consumption on the premises to any person a beverage, unless at the time of the sale or delivery the purchaser or the person for whom it is intended is twenty-one (21) years of age or older. . . ."
Under Section 67-3-53, the exemptions from this general prohibition are as follows:

(1) Minors who are of the age of eighteen (18) years or more and who are otherwise authorized to dispose of malt beverages, as marriage, military service or otherwise, and not only allowed such privilege because of being employed by the seller.
(2) Minors under the age of eighteen (18) years, when accompanied by a parent, spouse or legal guardian of full age, are not prohibited from possessing or consuming wine or beer in private homes or when such minor is under such supervision of the parent or legal guardian in their "private home."
(3) If a minor is not more than four years younger than the person accompanying them, such minor may be served and/or possess beer or wine in the home.

MCA § 67-3-53(2).

Minimum Voting Age and Civic Duties

The legal voting age in Mississippi is 18 years of age. Once you turn 18, you are legally allowed to vote in municipal, state, and federal elections. In order to vote, you must first register to vote. Although the voting age in Mississippi is 18, you can register to vote on or after your 17th birthday. If you do not register to vote, even at the age of 18, you will not be able to vote.
The importance of the voting age in Mississippi lies in civic responsibilities. A civic responsibility is an action that a person is required to perform based upon laws and regulations. A civic duty, such as voting, is also something that the government requires of you. Voting gives citizens the opportunity to have a say in how our nation is governed. This civic responsibility allows citizens the ability to determine how their government is run, and also allows them the power to remove those who may not be performing their duties. Voting is powerful, and when you turn 18, you have the right to contribute to the outcome and future of our communities by voting.

Legal Ages for Consent and Marriage

In Mississippi, the legal age at which a person can consent to sexual activity is 16 years old. This means that if one or both parties to a sexual encounter is under 16, there may be legal consequences. Certain relationships, such as teacher-student relationships, faculty-staff relationships and clergy-congregant relationships have extra provisions that may make otherwise legal relationships illegal.
A young person may get married in Mississippi if they are at least 15 years old. For females aged 21 and older, a young woman may marry at 18 years old, but all males must be 21 years old in order to marry. If either person is under the age of 21, they will need consent from their parent or guardian to get married .
It is worth noting that marriage, for the purposes of the law, can bestow certain rights that go beyond what is typically seen in other relationships. The most noticeable right is that of spousal maintenance. Unless otherwise specified in a contract, spouses will be responsible for the other’s debts. This means that you might be on the hook for spending your spouse did before the marriage.
Mississippi does recognize common law marriages. If a couple can be shown to have the right intentions, are competent, agree to be married and hold themselves out to the community as married, this can be a legally binding marriage for the purposes of the law.

Legal Ages for Lottery and Gaming

In Mississippi, the legal age to gamble varies depending on the type of gambling activity being participated in. Generally, the minimum age requirement is 21.
Compulsive gambling is regulated at the state level, so there will be some variation in how laws related to compulsive gambling are handled in each state. For example, gambling venues may be actively visited by representatives of state or local gambling commissions to ensure compliance with applicable laws.
The minimum age for participation in state-regulated casinos is 21. In Mississippi, casinos, except for riverboat casinos, must operate at a location that is licensed by the Mississippi Gaming Commission. Therefore, casinos in Mississippi are highly regulated and are subject to the strict penalties outlined in Mississippi Code § 75-76-1 et. seq.
The minimum age for participation in horse racing and betting activities in Mississippi is 21, as outlined in Mississippi Code § 75-76-1 et. seq.
The minimum age for participation in state lottery is 21 years. The Mississippi Lottery Corporation has only taken over operations recently (as of 2018). While the corporation is new, the law specifying that it would be illegal for a minor to participate in the lottery has existed for some time and can be found in applicable Mississippi Code § 75-76-1 et. seq.
Mississippi was the first state to allow daily fantasy sports. Companies such as DraftKings and FanDuel are now illegal to operate in Mississippi.
Online gambling in Mississippi is restricted to casino and lottery gaming. Online divisions of state-regulated casinos will give players the opportunity to gamble from a computer or mobile device.

Variations and Exceptions

Exceptions to the general rule of most people reaching the age of majority in Mississippi to be eighteen years old is that minors can marry with parental consent and permission of the circuit court. For females, if the minor is pregnant or has given birth to a child, the minor might be issued a marriage license without parental consent or permission of the court.
Mississippi does allow minors to enter into contracts. A minor contracts are voidable. A voidable contract is one where the minor can revoke the contract at anytime prior to attaining the age of 18 or within a reasonable time thereafter. A minor cannot void their contract for necessities of life such as food, water, clothing , shelter and medical care.
A minor can be legally emancipated. An emancipated minor is one who has been awarded certain rights and duties of adulthood by a court of law. Emancipation occurs when a minor reaches the age of 21. Parents can petition the circuit court to emancipate their minor children. If they minor is over 15 they must consent in writing to the emancipation. Once emancipated, the minor has reached the age of majority.
Separate from the above is the juvenile justice system. Under the Mississippi Youth Court Law parents have the obligation of providing necessities of life to their children until they reach the age of 21, unless emancipation occurs. However, a minor can be tried as an adult for criminal offenses. If so, they will be tried and sentenced like an adult and lose all minority protections.