Capacity to commit crimes or offenses

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  • All persons are capable of committing crimes or offenses except—
    • (1) children under the age of seven years;

    • (2) children over the age of seven years and under the age of fourteen years, in the absence of clear proof that at the time of committing the act charged against them they knew its wrongfulness;

    • (3) idiots;

    • (4) persons who are mentally ill and who committed the act charged against them in consequence of such mental illness; and

    • (5) persons who committed the act or made the omission charged under an ignorance or mistake of fact, which disproves any criminal intent.


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