Legal Age Teenagers Xxx

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Legal age: teenagers and the law
As your child grows up and becomes more independent, you might be wondering how old they need to be before they can do certain things.
In Australia, you’re considered to be an adult when you turn 18 years old. But for certain things, the legal age can be younger.
The information in this article is general in nature, and laws differ from state to state. So if you have concerns about your child’s legal rights or obligations, it’s always best to:
If you stay connected with your child through the teenage years, your child is likely to do better at avoiding pressure to be involved in risky behaviour or illegal activity. But if you’re worried about your child’s behaviour, seek help by talking with your GP or calling your state or territory parenting helpline.
Alcohol
The minimum age for buying and drinking alcohol in licensed premises like bars, clubs, restaurants and bottle shops is 18 years.
Children under 18 can’t drink alcohol on private premises like their own homes or friends’ homes unless the alcohol is supplied by a parent, guardian or someone who was given permission by a parent or guardian. Where there’s no parental permission, the person supplying the alcohol might be breaking the law.
In most states and territories, the person supplying the alcohol must also be supervising the child responsibly.
In places where drinking alcohol in public is permitted, children under the age of 18 can’t drink or have alcohol in public.
Other drugs
Using or possessing drugs like crystal meth (ice), ecstasy, heroin and cocaine is against the law at any age.
In the Australian Capital Territory, you can have a small amount of cannabis for personal use at home if you’re over 18. But it’s against the law to store it where children can reach it. Using or possessing cannabis is against the law in all other states and territories.
There’s no safe level of alcohol use for children under the age of 18 years. And it isn’t safe for anyone to use illegal drugs at any age. Alcohol and other drugs can affect children’s health, brain development, behaviour, schoolwork and relationships.
The age of criminal responsibility is the age at which you can be arrested, charged and found guilty of breaking the law. In Australia the age of criminal responsibility is 10 years old.
For children aged 10-13 years to be found guilty of breaking the law, it must be proved that they knew their behaviour was ‘seriously wrong’ at the time, not just ‘naughty’.
From 14 years, children are considered fully responsible if they break the law. It doesn’t have to be proved that they knew their behaviour was ‘seriously wrong’.
Children aged 10-17 years are generally treated as ‘children’ by the police and the children’s courts. This means they generally face legal procedures and penalties that are designed for children. For example, their names are kept secret during legal proceedings.
When young people aged 18 years and over break the law, they’re treated as adults by the court, and adult penalties apply.
To get learner permits or licences (Ls) to drive cars, children must be 16 years old – except in the Australian Capital Territory, where it’s 15 years and 9 months.
When learner drivers pass their driving tests, they can get their provisional or probationary licences (Ps). The minimum age at which drivers can get their Ps ranges from 16 years and 6 months in the Northern Territory to 18 years in Victoria. It’s 17 years in other states and territories.
Generally, in New South Wales, South Australia, Tasmania, the Australian Capital Territory and the Northern Territory, there’s no minimum age for most types of casual or part-time work.
In Victoria, Western Australia and Queensland, there’s a minimum age of 13 years to start casual or part-time work.
All states and territories have exceptions and restrictions that apply to their age-related employment rules.
States and territories might have exceptions and restrictions on things like the:
It’s important to check the relevant laws in your state or territory to make sure that your child’s employment arrangements are fair and legal. This includes things like hours of work, supervision, pay rates and so on.
The legal age for gambling is 18 years in all states and territories. This includes gambling on the lottery and scratchy cards, on the pokies, at the TAB, at a casino and with online betting platforms or apps.
At any age, children can visit a doctor without a parent or a guardian being present.
At 15, children can get their own Medicare card, or younger if they ask a parent for it.
From 16, children can consent to medical and dental treatment in the same way that adults can. But they don’t have an automatic right to refuse treatment, particularly life-saving treatment.
When children are 18, they can give full legal consent for medical treatment and also refuse it.
There’s no minimum age for when a child can leave home.
The law says that parents are responsible for looking after children’s needs until children turn 18. This means that it might be OK for children to leave home before 18 if:
Family violence is not OK. If your family is experiencing problems, you or your child can get help by calling the National Sexual Assault, Domestic Family Violence Counselling Service on 1800RESPECT (1800 737 732). Your child can also contact Kids Helpline on 1800 551 800.
Most states and territories allow children to leave school after they’ve finished Year 10.
But if children want to leave school after Year 10, the law might say they have to do some other form of education or a mix of education, training or employment until they turn 17. In Western Australia the age is 17 years and 6 months. In Tasmania the age is 18 years or when children complete their other training (whichever comes first).
There might be special exemptions in some states and territories for children who want to leave school before they’ve finished Year 10.
There are no laws about when children are allowed to have mobile phones.
Some social media platforms have age restrictions. For example, to have a Facebook or Instagram account, your child must be 13 years old. Many platforms don’t have specific age limits.
Non-intimate areas
In the Australian Capital Territory, Northern Territory and Queensland, teenagers under 18 years can get body-piercings without parental permission.
In Western Australia, teenagers under 18 years can get body-piercings with their parents’ permission.
In Tasmania, Victoria, South Australia and New South Wales, teenagers under 16 years need their parents’ permission for body-piercings.
Intimate areas
In New South Wales, body-piercers aren’t allowed to give teenagers under 16 years piercings in intimate areas, like the genitalia or nipples, even with parental permission.
In Queensland, Tasmania, Victoria, South Australia and Western Australia, body-piercers aren’t allowed to give teenagers under 18 years piercings in intimate areas, even with parental permission.
In the Australian Capital Territory and Northern Territory, there are no specific rules about piercings in intimate areas.
In most Australian states and territories, the age at which you can legally consent to have sex is 16 years. The exceptions to this are South Australia and Tasmania, where it’s 17 years.
When someone has sex with a person under the age of consent, they might have committed a serious offence.
New South Wales, Victoria, the Australian Capital Territory and Tasmania have laws that provide a legal defence for someone having sex with a person under the age of consent if the two people are of similar ages. This is known as a close in age defence.
In New South Wales, Victoria, Western Australia, South Australia, the Australian Capital Territory and the Northern Territory, it’s also against the law for a person in a position of authority to have sex with a child in their authority who’s under the age of 18 years. People in this category include teachers, sports coaches, employers and health professionals.
Under Australian law sexting involving a child under 18 years old is a criminal offence even when it’s consensual, and even when the person sending the sext is also a child.
Also, sexting is illegal in all Australian states and territories, except in Victoria and Tasmania. In Victoria and Tasmania, sexting is legal if both people are under 18 and there’s no more than a two-year age gap.
In Victoria, South Australia, Tasmania and Queensland, it’s a criminal offence for a tattooist to do tattoos for someone under 18 years.
In the Australian Capital Territory and New South Wales, teenagers under 18 years need to get their parents’ permission for tattoos. As a parent, you have to give your permission either in person or in writing, and you have to say what type of tattoo you agree to and where.
In Western Australia, teenagers have to be over 16 years and have their parents’ permission for tattoos. Permission must be in writing and must explain the type of tattoo you agree to and where.
In the Northern Territory, there are no specific rules about getting a tattoo. In practice tattooists have their own industry standards, and teenagers are often asked to get their parents’ permission for tattoos.
Voting is compulsory in Australia for all people aged 18 years and over. Teenagers can enrol to vote at 16 or 17 years of age but can vote only once they turn 18.
This article was developed in collaboration with Youth Law Australia.
Youth Law Australia (2020). Topics. Sydney: YLA. Retrieved 29 September 2020 from https://yla.org.au/qld/topics/.
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Relationships with parents and families: why teenagers need them
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Shifting responsibility to pre-teens and teenagers
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Independence in pre-teens and teenagers
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Child pornography laws in the United States specify that child pornography is illegal under federal law and in all states and is punishable by up to 20 years' imprisonment or fine of $5000. The Supreme Court of the United States has found child pornography to be outside the protections of the First Amendment to the United States Constitution.[1] Federal sentencing guidelines on child pornography differentiate between production, distribution, and purchasing/receiving, and also include variations in severity based on the age of the child involved in the materials, with significant increases in penalties when the offense involves a prepubescent child or a child under the age of 12.[2] U.S. law distinguishes between pornographic images of an actual minor, realistic images that are not of an actual minor, and non-realistic images such as drawings. The latter two categories are legally protected unless found to be obscene, whereas the first does not require a finding of obscenity.
Child pornography under federal law is defined as any visual depiction of sexually explicit conduct involving a minor (someone under 18 years of age). Visual depictions include photographs, videos, digital or computer generated images indistinguishable from an actual minor, and images created, adapted, or modified, but appear to depict an identifiable, actual minor. Undeveloped film, undeveloped videotape, and electronically stored data that can be converted into a visual image of child pornography are also deemed illegal visual depictions under federal law.[3] The United States Court of Appeals for the Second Circuit has held that images created by superimposing the face of a child on sexually explicit photographs of legal adults is not protected speech under the First Amendment.[4]
Notably, the age of consent for sexual activity in a given state is irrelevant; any depiction of a minor under 18 years of age engaging in sexually explicit conduct is illegal. Federal prosecutors have secured convictions carrying mandatory minimum sentence of 15 years of imprisonment for producing visual depictions of individuals above the legal age of consent but under the age of 18, even when there was no intent to distribute such content.[5] The legal definition of sexually explicit conduct does not require that an image depict a child engaging in sexual activity. A picture of a naked child may constitute illegal child pornography if it is sufficiently sexually suggestive.[3]
Federal law prohibits the production, distribution, reception, and possession of an image of child pornography using or affecting any means or facility of interstate or foreign commerce (18 U.S.C. § 2251; 18 U.S.C. § 2252; 18 U.S.C. § 2252A). Specifically, Section 2251 makes it illegal to persuade, induce, entice, or coerce a minor to engage in sexually explicit conduct for purposes of producing visual depictions of that conduct. Any individual who attempts or conspires to commit a child pornography offense is also subject to prosecution under federal law.[3]
Federal jurisdiction is implicated if the child pornography offense occurred in interstate or foreign commerce. This includes, for example, using the U.S. Mails or common carriers to transport child pornography across state or international borders. Federal jurisdiction almost always applies when the Internet is used to commit a child pornography violation. Even if the child pornography image itself did not travel across state or international borders, federal law may be implicated if the materials, such as the computer used to download the image or the CD-ROM used to store the image, originated or previously traveled in interstate or foreign commerce.[3]
In addition, Section 2251A of Title 18, United States Code, specifically prohibits any parent, legal guardian or other person in custody or control of a minor under the age of 18, to buy, sell, or transfer custody of that minor for purposes of producing child pornography.[3]
Lastly, Section 2260 of Title 18, United States Code, prohibits any persons outside of the United States to knowingly produce, receive, transport, ship, or distribute child pornography with intent to import or transmit the visual depiction into the United States.[3]
Under federal law, finding of guilt on most child pornography related offenses carry severe consequences, such as mandatory minimum sentences of several years and registration as a sex offender.
A first time offender convicted of producing child pornography under 18 U.S.C. § 2251, face fines and a statutory minimum of 15 years to 30 years maximum in prison.[3][6][7]
Child pornography offenses for transportation (including mailing or shipping), receipt, distribution, and possession with the intent to distribute or sell child pornography offenses each carry a mandatory minimum term of 5 years of imprisonment and a maximum term of 20 years.[3][7]
Simple possession of child pornography is punishable by up to 10 years in federal prison, and does not carry a mandatory minimum term of imprisonment. If a defendant has a prior federal or state conviction for one or more enumerated sex offenses, the penalty ranges are enhanced.[7]
Federal sentencing guidelines provide for higher sentences based on the number of images possessed or distributed, whether the victims were 12 years of age or younger, whether the material is "sadistic," and other factors.[8]
Under the Crime Victims' Rights Act (CVRA), 46 codified at 18 U.S.C. § 3771, federal law enforcement officials must notify a child pornography victim (or his or her guardian if the victim is still a minor) each time the officials charge an offender with a child pornography offense related to an image depicting the victim. Such notifications can be emotionally traumatic.[9]
In the United States, pornography is considered a form of personal expression governed by the First Amendment to the United States Constitution. Pornography is generally protected speech, unless it is obscene, as the Supreme Court of the United States held in 1973 in Miller v. California.
Child pornography is also not protected by the First Amendment, but importantly, for different reasons. In 1982 the Supreme Court held in New York v. Ferber that child pornography, even if not obscene, is not protected speech. The court gave a number of justifications why child pornography should not be protected, including that the government has a compelling interest in safeguarding the physical and psychological well-being of minors.
The initial iteration of 18 U.S.C. § 2257, first passed in 1988, mandated that producers of pornographic media keep records of the age and identity of performers and affix statements as to the location of the records to depictions. However, rather than penalties for noncompliance, the statute created a rebuttable presumption that the performer was a minor. Pub. L. 100-690. This version was struck down as unconstitutional under the First Amendment in American Library Association v. Thornburgh, 713 F. Supp. 469 (D.D.C. 1989), vacated as moot, 956 F.2d 1178 (D.C. Cir. 1992).
After Thornburgh, Congress amended 2257 to impose direct criminal penalties for noncompliance with the record-keeping requirements. The
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Legal Age Teenagers Xxx