AMBER Alert Legal Database

Current to Spring 2009

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Federal and International Law

International

Hague Convention On The Civil Aspects of International Child Abudction
Hague Convention on Protection of Children and Cooperation in Respect of Intercountry Adoption

Federal

International Child Abduction Remedies Act (ICARA)
The Intercountry Adoption Act of 2000 (IAA)
The Trafficking Victims Protection Act (TVPA) 
Prosecutorial Remedies and Other Tools to End the Exploitation of Children Today Act (PROTECT Act)
Presidential Executive Order 13257
Case Law

State Laws and Case Law: (Current to Spring -2006)

Please Contact:
Judge Mark J. McGinnis
State of Wisconsin Circuit Court Judge
320 S. Walnut Street
Appleton, WI 54911
mark.mcginnis@wicourts.gov
(920) 832-5152

Introduction and Overview

This database compiles and organizes laws pertinent to America’s Missing: Broadcast Emergency Response (AMBER Alert). Its contents are designed to provide a primary statutory and case law resource for individuals, agencies and jurisdictions seeking a better understanding of what the law permits and what the law requires of multiple agency personnel in AMBER Alert situations.

The contents of the AMBER Alert legal database are organized around the basic set of issues likely to arise in emergencies that involve multiple agency personnel, the public and the media: data collection policies, data dissemination practices, the memorandum of understanding (MOU) and liability. International agreements, federal law, state statutes, and case law are set forth in each of the relevant areas.

The database is intended to be informational only. The reader should be able to determine with relative ease the state of the law in his/her jurisdiction as well as any requirements imposed by federal or international law. The AMBER Alert legal database is designed as a resource to aid state officials in drafting legislation that will support essential AMBER Alert functions of agency personnel in those states that do not have proper support and mandate. A brief review of the contents of the database should also permit a policymaker or researcher to make comparisons and contrasts of the various state laws.

Finally, the AMBER Alert legal database is designed to compliment AMBER Alert training and technical assistance programs. Program managers and instructors will be able to focus their training efforts more specifically to the legal climate of the participants by briefly reviewing the prevailing law. Future updates will address emerging legal issues, providing additional resources, particularly with reference to the AMBER Alert and other Department of Justice and Office of Juvenile Justice and Delinquency Prevention skills-based training modules.

State Statute Emancipation Facts

ALABAMA

• Age Emancipation petition allowed: "minors over 18 years of age"
  § 26-2A-20; Code § 26-1-1
• Age of Majority: 19
  § 26-1-1
• Age for Sexual Consent: 16

NOTE: An individual may have the disabilities of minority removed otherwise than by reaching the nineteenth birthday, such as by emancipation under Ala. Code sections 26-13-1 through 26-13-8 (petition to juvenile court), and Ala. Code sections 30-4-15 and 30-4-16 (individuals who are 18 years of age and married).

ALASKA

• Age Emancipation petition allowed: at least 16 years of age
  Alaska Stat. § 09.55.590
• Age of Majority: 18
  § 25.20.010
• Age for Sexual Consent: 16
  § 11.41.410; 11.41.440; 11.41.434
• Age for Abortion: 17
  § 18.16.010
• Age for Contract: 17
  § 28.10.301

NOTE: An individual may have the disabilities of minority removed otherwise than by reaching the eighteenth birthday, such as by emancipation under AK. Code sections 09.55.590.

ARIZONA

• Age Emancipation petition allowed: under age 18
• Age of Majority: 18
  § 36-301; § 36-673;
• Age for Sexual Consent: 15
  § 13-1404

ARKANSAS

• Age Emancipation petition allowed: 16
  § 9-26-104
• Age of Majority: 18
  § 9-14-237; 9-15-203;
• Age for Sexual Consent: 14
  § 5-14-103; 5-14-104; 5-14-106

NOTE: An individual may have the disabilities of minority removed otherwise than by reaching the eighteenth birthday, such as by emancipation under AR. Code sections 9-26-104.

CALIFORNIA

• Age of Emancipation: "a person under the age of 18 years"
  Cal Fam Code § 7002; § 7122
• Age of Majority: 18
  Cal Fam Code § 7002
• Age for Sexual Consent: 18
  Cal Pen Code § 261.5

COLORADO

• Age of Emancipation: "a juvenile over fifteen years of age and under eighteen years of age"
  § 6 19-1-103; § 19-2-511;
• Age of Majority: 18
  § 8-6-108.5; § 13-21-107.5; § 13-21-107.5
  NOTE: Age of majority is 19 in child support context
  § 14-10-115.
• Age for Sexual Consent: 18
  § 18-6-403

CONNECTICUT

• Age of Emancipation: "any minor who has reached his sixteenth birthday"
  Conn. Gen. Stat. § 46b-150
• Age of Majority: 18
  Conn. Gen. Stat. § 1-1d
• Age for Sexual Consent: 16
  Conn. Gen. Stat. § 53a-71

DELAWARE

• Age Emancipation petition allowed: under age 18
  S.L. v. A.L., 735 A.2d 433 (Del. Fam. Ct. 1999).
• Age of Majority: 18
  1 Del. C. § 701
• Age for Sexual Consent: 16
  11 Del. C. § 761

DISTRICT OF COLUMBIA

• Age Emancipation petition allowed: under age 18
• Age of Majority: 18
  D.C. Code § 46-101
• Age for Sexual Consent: 16
  D.C. Code § 22-3001; D.C. Code § 22-3102

FLORIDA

• Age Emancipation petition allowed: "a minor age 16 or older"
  Fla. Stat. § 743.01; Fla. Stat. § 743.015
• Age of Majority: 18
• Age for Sexual Consent: 16
  Fla. Stat. § 794.011; Fla. Stat. § 800.04

GEORGIA

• Age Emancipation petition allowed: under age 18
• Age of Majority: 18
  O.C.G.A. § 39-1-1
• Age for Sexual Consent: 16
  O.C.G.A. § 16-6-3 (Statutory rape)
  NOTE: Under the panel code for rape the age for consent is 10 years of age. See O.C.G.A. § 16-6-1.

HAWAII

• Age Emancipation petition allowed: "a person under eighteen years of age who is totally self-supporting."
  HRS § 327E-2; § 577-25
• Age of Majority: 18
  HRS § 577-1
• Age for Sexual Consent: 16
  HRS § 707-730; 707-732

IDAHO

• Age Emancipation petition allowed: an individual between fourteen (14) and eighteen (18) years of age who has been married or whose circumstances indicate that the parent-child relationship has been renounced.
  Idaho Code § 66-402
• Age of Majority: 18
  Idaho Code § 66-402; § 32-101
• Age for Sexual Consent: 18
  Idaho Code § 18-1508

ILLINOIS

• Age Emancipation petition allowed: "a person 16 years of age or over, and under the age of 18 years"
  705 ILCS 405/1-3; "
• Age of Majority: 18
  735 ILCS 5/13-211
• Age for Sexual Consent: 17
  720 ILCS 5/12-15;16

INDIANA

• Age Emancipation petition allowed: between the ages of 18 and 21.
  § 31-16-6-6
• Age of Majority: 21
  § 31-16-6-6; § 29-3-1-10
• Age for Sexual Consent: 16
  § 35-42-4-3

IOWA

• Age Emancipation petition allowed: under age 18
• Age of Majority: 18
  Iowa Code § 97B.34A; Iowa Code § 225C.46
• Age for Sexual Consent: 18
  § 709.12

KANSAS

• Age Emancipation petition allowed: under the age of 18
  Kan. Stat. Ann. 38-101 to 38-110
• Age of Majority: 18
  § 60-1610
• Age for Sexual Consent: 16
  § 21-3503

KENTUCKY

• Age Emancipation petition allowed: under age 18
• Age of Majority: 18
  KRS § 31.100; KRS § 311.732; KRS § 159.010
  NOTE: There is an exception in Kentucky law for handicapped juveniles. See KRS 405.020(2).
• Age for Sexual Consent: 16
  § 210.410; § 510.020

LOUISIANA

• Age Emancipation petition allowed: under the age of 18
  La. Code Civ. Proc. Ann. arts. 3991-3994; § 9:315.22; § 9:901; § 29:285; La. C.C. Art. 366
• Age of Majority: 18
  § 46:2702; La. Ch.C. Art. 603
• Age for Sexual Consent: 17
  La. R.S. 14:80

MAINE

• Age Emancipation petition allowed: 16 or older
  15 M.R.S. § 3506-A
• Age of Majority: 18
  1 M.R.S. § 72
• Age for Sexual Consent: 16
  17-A M.R.S. § 254

MARYLAND

• Age Emancipation petition allowed: under age 18
• Age of Majority: 18
  § 3-8A-01; Md. Ann. Code art. 1, § 24
• Age for Sexual Consent: "under the age of 14 years, and the person performing the sexual act is at least 4 years older."
  § 3-306

MASSACHUSETTS

• Age Emancipation petition allowed: under age 18
  ALM GL ch. 4, § 7;
  NOTE: Under Massachusetts law there is no fixed age when emancipation occurs, and it does not automatically occur on reaching age of majority. See Larson v Larson, 30 Mass App 418, 569 NE2d 406 (1991).
• Age of Majority: 18
  ALM GL ch. 4, § 7
• Age for Sexual Consent: 16
  ALM GL ch. 265, § 23,

MICHIGAN

• Age Emancipation petition allowed: "a child under 18 years of age"
  MCLS § 722.4, MCLS § 722.1
• Age of Majority: 18
  MCLS § 418.353
  NOTE: Minimum drinking age is 21. See MCLS § 436.1701
• Age for Sexual Consent: 16
  MCLS § 750.13

MINNESOTA

• Age Emancipation petition allowed: under age 18
  Minn. Stat. § 256D.05
• Age of Majority: 18
  Minn. Stat. § 518.54(2)
  NOTE: For welfare benefits the age of majority is 21. See Minn. Stat. § 260C.451
• Age for Sexual Consent: 16
  Minn. Stat. § 609.344

MISSISSIPPI

• Age Emancipation petition allowed: under the age of 21
  Miss. Code Ann. § 93-19-1; Miss. Code Ann. § 41-41-51
• Age of Majority: 21
  Miss. Code Ann. § 43-16-3; Miss. Code Ann. § 1-3-27
• Age for Sexual Consent: 16
  Miss. Code Ann. § 97-3-65; § 97-5-23 (2005)

MISSOURI

• Age Emancipation petition allowed: under age 18
  § 302.178 R.S.Mo.; Mo. Rev. Stat. § 452.340
• Age of Majority: 17 years old
  § 211.021 (for purposes of criminal law); 18 years old § 452.340 (domestic relations)
• Age for Sexual Consent: 14
  § 566.032

MONTANA

• Age Emancipation petition allowed: under the age of 16
  MCA § 41-1-501
• Age of Majority: 18
  MCA § 41-1-101
• Age for Sexual Consent: 18
  Mont. Code Ann. § 45-5-501

NEBRASKA

• Age Emancipation petition allowed: under age 19
• Age of Majority: 19
  § 43-245; § 53-1,122; 71-912, § 42-371,01.
• Age for Sexual Consent: 17
  § 28-319

NEVADA

• Age Emancipation petition allowed: "any minor who is at least 16 years of age"
  NRS § 129.080
• Age of Majority: 18
  § 129.010
• Age for Sexual Consent: 16
  § 200.364

NEW HAMPSHIRE

• Age Emancipation petition allowed: "a person who is under the age of 18 years, but who has documentation which supports a claim that he has been emancipated in accordance with the laws of the state in which he previously had been residing, shall be considered to be emancipated in the state of New Hampshire"
  NOTE: New Hampshire law also honors emancipation decrees from other states. RSA 21-B:2.
• Age of Majority: 18
  § 21:44
• Age for Sexual Consent: 16
  § 632-A:3

NEW JERSEY

• Age Emancipation petition allowed: under age 18
  § 2C:25-19
• Age of Majority: 18
  § 9:17B-1
• Age for Sexual Consent: 16
  § 2C:14-2

NEW MEXICO

• Age Emancipation petition allowed: " any person sixteen years of age or older"
  § 32A-21-3; 32A-21-4; § 24-7A-1
• Age of Majority: 18
  § 12-2A-3
• Age for Sexual Consent: 18
  § 30-9-11

NEW YORK

• Age Emancipation petition allowed: over the age of 16 and under age 21
  NY Ed Code § 663; NY CLS Gen Oblig § 11-105
• Age of Majority: 21
  NY CLS Gen Oblig § 1-202
• Age for Sexual Consent: 17
  Penal § 130.05

NORTH CAROLINA

• Age Emancipation petition allowed: "any juvenile who is 16 years of age or older"
  N.C. Gen. Stat. § 7B-3500; 90-85.3
• Age of Majority: 18
  § 48A-2
• Age for Sexual Consent: 16
  § 14-27.7A

NORTH DAKOTA

• Age Emancipation petition allowed: under 18 years of age
• Age of Majority: 18
  § 14-10-01
• Age for Sexual Consent: 16
  § 12.1-20-03

OHIO

• Age Emancipation petition allowed: under 18 years of age.
  § 2919.12
• Age of Majority: 18
  § 3109.01
• Age for Sexual Consent: 16
  § 2907.04

OKLAHOMA

• Age Emancipation petition allowed: under 18 years of age
  21 Okl Stat § 1731.1
• Age of Majority: 18
  21 Okl Stat § 1731.1; 10 Okl Stat § 91
• Age for Sexual Consent: 16
  21 Okl Stat § 1111

OREGON

• Age Emancipation petition allowed: "a person under the age of 18 years"
  § 419B.550
• Age of Majority: 18
  § 109.510
• Age for Sexual Consent: 18
  § 137.712

PENNSYLVANIA

• Age Emancipation petition allowed: under age 18
  1 PaCS § 1991
• Age of Majority: 18
  23 PaCS § 5302
• Age for Sexual Consent: 16
  18 PaCS § 3122.1

RHODE ISLAND

• Age Emancipation petition allowed: under age 18
  § 23-4.7-6
• Age of Majority: 18
  § 14-5-2
• Age for Sexual Consent: 16
  § 11-37-6

SOUTH CAROLINA

• Age Emancipation petition allowed: over the age of 16
  § 15-75-40
• Age of Majority: 18
  § 62-5-245
• Age for Sexual Consent: 16
  § 20-1-250; § 16-80

SOUTH DAKOTA

• Age Emancipation petition allowed: under the age of 18;
  S.D. Codified Laws § 25-5-24
• Age of Majority: 18
  26-1-1
• Age for Sexual Consent: 15
  22-22-1

TENNESSEE

• Age Emancipation petition allowed: under 18 years of age
  Tenn. Code Ann. § 29-31-101
• Age of Majority: 18
  § 1-3-105
• Age for Sexual Consent: 18
  § 40-17-121

TEXAS

• Age Emancipation petition allowed: under age 18
• Age of Majority: 18
  § 154.001; § 54.0501
• Age for Sexual Consent: 17
  § 22.011

UTAH

• Age Emancipation petition allowed: Over 16 years of age
  § 31A-21-501; § 78-45-2
• Age of Majority: 18
  § 78-45-2
• Age for Sexual Consent: 14
  6 26-6-18

VERMONT

• Age Emancipation petition allowed: "a person who is 16 years of age or older but under the age of majority"
  12 VSA § 7151; § 7156
• Age of Majority: 18
  1 VSA § 173
• Age for Sexual Consent: 16
  13 VSA § 3252; § 6902

VIRGINIA

• Age Emancipation petition allowed: "any minor who has reached his sixteenth birthday"
  Va. Code Ann. § 16.1-331; 16.1-334
• Age of Majority: 18
  § 1-13.42; 1-16
• Age for Sexual Consent: 13
  § 18.2-63; § 18.2-61

WASHINGTON

• Age Emancipation petition allowed: 16 years of age or older
  Rev. Code Wash. (ARCW) § 13.64.010
• Age of Majority: 18
  § 26.28; § 26.09.100
• Age for Sexual Consent: 18
  § 9.94A.535; 9A.44.030

WEST VIRGINIA

• Age Emancipation petition allowed: "a child over the age of sixteen"
  W. Va. Code § 49-7-27
• Age of Majority: 18
  § 2-3-1;
• Age for Sexual Consent: 16
  § 61-8B-4; § 61-88-5

WISCONSIN

• Age Emancipation petition allowed: no emancipation statute
  § 48.375;
• Age of Majority: 18
  § 765.02
• Age for Sexual Consent: 16
  § 940.225; § 948.02

WYOMING

• Age Emancipation petition allowed: "at least 17 years of age"
  Wyo. Stat. Ann. 14-1-201 to -206
• Age of Majority: 18
  § 14-1-101
• Age for Sexual Consent: 16
  § 6-2-304