(a) Children under 10 years of age are conclusively presumed to be incapable of committing any crime.
(b) Children between 10 and 14 years of age are conclusively presumed to be incapable of committing any crime, except for felonies, in which case the presumption is rebuttable.
(c) The provisions of this section do not prevent proceedings against, or the disciplining of any person under 18 years of age as a delinquent child, a child in need of supervision, a neglected or dependent child, or under the certification provisions of 45.0340 through 45.0344.
(d) "Age" means age at the time of the alleged offense.
(e) The defendant has the burden of injecting the issue of infancy.History: 1979, PL 16-43 § 2; 2004, PL 28-9.
Research Guide: 15 ASC 4802.