West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Any person participating in good faith in the making of a report pursuant to this chapter shall have immunity from any liability, civil or criminal, that might otherwise be incurred or imposed. Any such participant shall have the same immunity with respect to participation in any judicial proceeding resulting from a report.

CREDIT(S)

P.L. 1975, ch. 199, § 1.

Current through chapter 491 of the January 2012 session

Gen.Laws 1956, § 11-9-5.3

O.R.S. § 163.690

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 163. Offenses Against Persons (Refs & Annos)

Visual Recording of Sexual Conduct of Children

163.690. Defense, lack of knowledge of age of child

It is an affirmative defense to any prosecution under ORS 163.684, 163.686, 163.687 or 163.693 that the defendant, at the time of engaging in the conduct prohibited therein, did not know and did not have reason to know that the relevant sexually explicit conduct involved a child.

CREDIT(S)

Laws 1985, c. 557, § 7; Laws 1987, c. 864, § 13; Laws 1991, c. 664, § 9; Laws 1995, c. 768, § 6.

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

Minnesota Statutes Annotated Currentness

Crimes, Criminals (Ch. 609-624)

Chapter 609. Criminal Code (Refs & Annos)

General Principles

609.055. Capability of children to commit crime

Subdivision 1. General rule. Children under the age of 14 years are incapable of committing crime.

Subd. 2. Adult prosecution. (a) Except as otherwise provided in paragraph (b), children of the age of 14 years or over but under 18 years may be prosecuted for a felony offense if the alleged violation is duly certified for prosecution under the laws and court procedures controlling adult criminal violations or may be designated an extended jurisdiction juvenile in accordance with the provisions of chapter 260B. A child who is 16 years of age or older but under 18 years of age is capable of committing a crime and may be prosecuted for a felony if:

(1) the child has been previously certified on a felony charge pursuant to a hearing under section 260B.125, subdivision 2, or pursuant to the waiver of the right to such a hearing, or prosecuted pursuant to this subdivision; and

(2) the child was convicted of the felony offense or offenses for which the child was prosecuted or of a lesser included felony offense.

(b) A child who is alleged to have committed murder in the first degree after becoming 16 years of age is capable of committing a crime and may be prosecuted for the felony. This paragraph does not apply to a child alleged to have committed attempted murder in the first degree after becoming 16 years of age.

CREDIT(S)

Laws 1963, c. 753. Amended by Laws 1992, c. 571, art. 7, § 12; Laws 1994, c. 576, § 45; Laws 1995, c. 226, art. 3, § 47; Laws 1999, c. 139, art. 4, § 2.

RULES OF CRIMINAL PROCEDURE

<Section 480.059, subd. 7, provides in part that statutes which relate to substantive criminal law found in chapter 609, except for sections 609.115 and 609.145, remain in full force and effect notwithstanding the Rules of Criminal Procedure.>

Current with laws of the 2013 Regular Session through Chapter 39, 41, 45, and 74

Chapter 1. Criminal Code (Refs & Annos)

Part I. General Provisions

Subpart C. Culpability

§ 13. Infancy

Those who have not reached the age of ten years are exempt from criminal responsibility. However, nothing in this article shall affect the jurisdiction of juvenile courts as established by the constitution and statutes of this state.

Current through the 2012 Regular Session.

West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 1. Of Persons Liable to Punishment for Crime

§ 26. Persons capable of committing crime; exceptions

All persons are capable of committing crimes except those belonging to the following classes:

One--Children under the age of 14, in the absence of clear proof that at the time of committing the act charged against them, they knew its wrongfulness.

Two--Persons who are mentally incapacitated.

Three--Persons who committed the act or made the omission charged under an ignorance or mistake of fact, which disproves any criminal intent.

Four--Persons who committed the act charged without being conscious thereof.

Five--Persons who committed the act or made the omission charged through misfortune or by accident, when it appears that there was no evil design, intention, or culpable negligence.

Six--Persons (unless the crime be punishable with death) who committed the act or made the omission charged under threats or menaces sufficient to show that they had reasonable cause to and did believe their lives would be endangered if they refused.

CREDIT(S)

(Enacted in 1872. Amended by Code Am.1873-74, c. 614, p. 422, § 2; Stats.1976, c. 1181, p. 5285, § 1; Stats.1981, c. 404, p. 1592, § 3; Stats.2007, c. 31 (A.B.1640), § 3.)

Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.

Vernon's Texas Statutes and Codes Annotated Currentness

Penal Code (Refs & Annos)

Title 2. General Principles of Criminal Responsibility

Chapter 8. General Defenses to Criminal Responsibility (Refs & Annos)

§ 8.07. Age Affecting Criminal Responsibility

(a) A person may not be prosecuted for or convicted of any offense that the person committed when younger than 15 years of age except:

(1) perjury and aggravated perjury when it appears by proof that the person had sufficient discretion to understand the nature and obligation of an oath;

(2) a violation of a penal statute cognizable under Chapter 729, Transportation Code, except for conduct for which the person convicted may be sentenced to imprisonment or confinement in jail;

(3) a violation of a motor vehicle traffic ordinance of an incorporated city or town in this state;

(4) a misdemeanor punishable by fine only;

(5) a violation of a penal ordinance of a political subdivision;

(6) a violation of a penal statute that is, or is a lesser included offense of, a capital felony, an aggravated controlled substance felony, or a felony of the first degree for which the person is transferred to the court under Section 54.02, Family Code, for prosecution if the person committed the offense when 14 years of age or older; or

(7) a capital felony or an offense under Section 19.02 for which the person is transferred to the court under Section 54.02(j)(2)(A), Family Code.

(b) Unless the juvenile court waives jurisdiction under Section 54.02, Family Code, and certifies the individual for criminal prosecution or the juvenile court has previously waived jurisdiction under that section and certified the individual for criminal prosecution, a person may not be prosecuted for or convicted of any offense committed before reaching 17 years of age except an offense described by Subsections (a)(1)-(5).

(c) No person may, in any case, be punished by death for an offense committed while the person was younger than 18 years.

CREDIT(S)

Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974. Amended by Acts 1975, 64th Leg., p. 2158, ch. 693, § 24, eff. Sept. 1, 1975; Acts 1987, 70th Leg., ch. 1040, § 26, eff. Sept. 1, 1987; Acts 1989, 71st Leg., ch. 1245, § 3, eff. Sept. 1, 1989; Acts 1991, 72nd Leg., ch. 169, § 3, eff. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1, 1994. Amended by Acts 1995, 74th Leg., ch. 262, § 77, eff. Jan. 1, 1996; Acts 1997, 75th Leg., ch. 165, § 30.236, eff. Sept. 1, 1997; Acts 1997, 75th Leg., ch. 822, § 4, eff. Sept. 1, 1997; Acts 1997, 75th Leg., ch. 1086, § 42, eff. Sept. 1, 1997; Acts 2001, 77th Leg., ch. 1297, § 68, eff. Sept. 1, 2001; Acts 2003, 78th Leg., ch. 283, § 52, eff. Sept. 1, 2003; Acts 2005, 79th Leg., ch. 787, § 2, eff. Sept. 1, 2005; Acts 2005, 79th Leg., ch. 949, § 45, eff. Sept. 1, 2005; Acts 2009, 81st Leg., ch. 311, § 5, eff. Sept. 1, 2009.

Current through Chapters effective immediately through Chapter 36 of the 2013 Regular Session of the 83rd Legislature

McKinney's Consolidated Laws of New York Annotated Currentness

Penal Law (Refs & Annos)

Chapter 40. Of the Consolidated Laws (Refs & Annos)

Part One. General Provisions

Title C. Defenses

Article 30. Defense of Infancy (Refs & Annos)

§ 30.00 Infancy

1. Except as provided in subdivision two of this section, a person less than sixteen years old is not criminally responsible for conduct.

2. A person thirteen, fourteen or fifteen years of age is criminally responsible for acts constituting murder in the second degree as defined in subdivisions one and two of section 125.25 and in subdivision three of such section provided that the underlying crime for the murder charge is one for which such person is criminally responsible or for such conduct as a sexually motivated felony, where authorized pursuant to section 130.91 of the penal law; and a person fourteen or fifteen years of age is criminally responsible for acts constituting the crimes defined in section 135.25 (kidnapping in the first degree); 150.20 (arson in the first degree); subdivisions one and two of section 120.10 (assault in the first degree); 125.20 (manslaughter in the first degree); subdivisions one and two of section 130.35 (rape in the first degree); subdivisions one and two of section 130.50 (criminal sexual act in the first degree); 130.70 (aggravated sexual abuse in the first degree); 140.30 (burglary in the first degree); subdivision one of section 140.25 (burglary in the second degree); 150.15 (arson in the second degree); 160.15 (robbery in the first degree); subdivision two of section 160.10 (robbery in the second degree) of this chapter; or section 265.03 of this chapter, where such machine gun or such firearm is possessed on school grounds,  as that phrase is defined in subdivision fourteen of section 220.00 of this chapter; or defined in this chapter as an attempt to commit murder in the second degree or kidnapping in the first degree, or for such conduct as a sexually motivated felony, where authorized pursuant to section 130.91 of the penal law.

3. In any prosecution for an offense, lack of criminal responsibility by reason of infancy, as defined in this section, is a defense.

CREDIT(S)

(L.1965, c. 1030. Amended L.1978, c. 481, § 28; L.1979, c. 411, § 21; L.1981, c. 335, § 5; L.1998, c. 435, § 4, eff. Nov. 1, 1998; L.2003, c. 264, § 2, eff. Nov. 1, 2003; L.2007, c. 7, § 48, eff. April 13, 2007.)

Current through L.2013, chapter 28.

West's Smith-Hurd Illinois Compiled Statutes Annotated Currentness

Chapter 720. Criminal Offenses

Criminal Code

Act 5. Criminal Code of 2012 (Refs & Annos)

Title II. Principles of Criminal Liability

Article 6. Responsibility (Refs & Annos)

5/6-1. Infancy

§ 6-1. Infancy. No person shall be convicted of any offense unless he had attained his 13th birthday at the time the offense was committed.

CREDIT(S)

Laws 1961, p. 1983, § 6-1, eff. Jan. 1, 1962.

Formerly Ill.Rev.Stat.1991, ch. 38, ¶ 6-1.

Current through P.A. 98-16 of the 2013 Reg. Sess.

West's Code of Georgia Annotated Currentness

Title 16. Crimes and Offenses (Refs & Annos)

Chapter 3. Defenses to Criminal Prosecutions (Refs & Annos)

Article 1. Responsibility

§ 16-3-1. Minimum age

A person shall not be considered or found guilty of a crime unless he has attained the age of 13 years at the time of the act, omission, or negligence constituting the crime.

CREDIT(S)

Laws 1968, p. 1249, § 1.

Formerly Code 1933, § 26-701.

New Jersey Statutes Annotated Currentness

Title 2C. The New Jersey Code of Criminal Justice (Refs & Annos)

Subtitle 1. General Provisions

Chapter 4. Responsibility (Refs & Annos)

2C:4-11. Immaturity excluding criminal conviction; transfer of proceedings to family court

a. A person shall not be tried for or convicted of an offense if:

(1) At the time of the conduct charged to constitute the offense he was less than 14 years of age, in which case the family court shall have exclusive jurisdiction unless pursuant to section 8 of the “New Jersey Code of Juvenile Justice” [FN1] the juvenile has demanded indictment and trial by jury; or

(2) At the time of the conduct charged to constitute the offense he was 14, 15, 16 or 17 years of age, unless:

(a) The family court has no jurisdiction over him;

(b) The family court has, pursuant to section 7 of “New Jersey Code of Juvenile Justice,” [FN2] entered an order waiving jurisdiction and referring the case to the county prosecutor for the institution of criminal proceedings against him;

(c) The juvenile has, pursuant to section 8 of the “New Jersey Code of Juvenile Justice,” demanded indictment and trial by jury.

b. No court shall have jurisdiction to try and convict a person of an offense if criminal proceedings against him are barred by subsection a. of this section. When it appears that a person charged with the commission of an offense may be of such an age that proceedings may be barred under subsection a. of this section, the court shall hold a hearing thereon, and the burden shall be on such person to establish to the satisfaction of the court that the proceeding is barred upon such grounds. If the court determines that the proceeding is barred, custody of the person charged shall be surrendered to the family court and the case, including all papers and processes relating thereto shall be transferred.

CREDIT(S)

L.1978, c. 95, § 2C:4-11, eff. Sept. 1, 1979. Amended by L.1982, c. 77, § 32, eff. Dec. 31, 1983.

[FN1] N.J.S.A. § 2A:4A-27.

[FN2] N.J.S.A. § 2A:4A-26.

Current with laws effective through L.2013, c. 50, 52-59 and J.R. No. 8.

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 5. Responsibility (Refs & Annos)

§ 13-501. Persons under eighteen years of age; felony charging; definitions

A. The county attorney shall bring a criminal prosecution against a juvenile in the same manner as an adult if the juvenile is fifteen, sixteen or seventeen years of age at the time the alleged offense is committed and the juvenile is accused of any of the following offenses:

1. First degree murder in violation of § 13-1105.

2. Second degree murder in violation of § 13-1104.

3. Forcible sexual assault in violation of § 13-1406.

4. Armed robbery in violation of § 13-1904.

5. Any other violent felony offense.

6. Any felony offense committed by a chronic felony offender.

7. Any offense that is properly joined to an offense listed in this subsection.

B. Except as provided in subsection A of this section, the county attorney may bring a criminal prosecution against a juvenile in the same manner as an adult if the juvenile is at least fourteen years of age at the time the alleged offense is committed and the juvenile is accused of any of the following offenses:

1. A class 1 felony.

2. A class 2 felony.

3. A class 3 felony in violation of any offense in chapters 10 through 17 [FN1] or chapter 19 or 23 of this title. [FN2]

4. A class 3, 4, 5 or 6 felony involving a dangerous offense.

5. Any felony offense committed by a chronic felony offender.

6. Any offense that is properly joined to an offense listed in this subsection.

C. A criminal prosecution shall be brought against a juvenile in the same manner as an adult if the juvenile has been accused of a criminal offense and has a historical prior felony conviction.

D. At the time the county attorney files a complaint or indictment the county attorney shall file a notice stating that the juvenile is a chronic felony offender. Subject to subsection E of this section, the notice shall establish and confer jurisdiction over the juvenile as a chronic felony offender.

E. On motion of the juvenile the court shall hold a hearing after arraignment and before trial to determine if a juvenile is a chronic felony offender. At the hearing the state shall prove by a preponderance of the evidence that the juvenile is a chronic felony offender. If the court does not find that the juvenile is a chronic felony offender, the court shall transfer the juvenile to the juvenile court pursuant to § 8-302. If the court finds that the juvenile is a chronic felony offender or if the juvenile does not file a motion to determine if the juvenile is a chronic felony offender, the criminal prosecution shall continue.

F. Except as provided in § 13-921, a person who is charged pursuant to this section shall be sentenced in the criminal court in the same manner as an adult for any offense for which the person is convicted.

G. Unless otherwise provided by law, nothing in this section shall be construed as to confer jurisdiction in the juvenile court over any person who is eighteen years of age or older.

H. For the purposes of this section:

1. “Accused” means a juvenile against whom a complaint, information or indictment is filed.

2. “Chronic felony offender” means a juvenile who has had two prior and separate adjudications and dispositions for conduct that would constitute a historical prior felony conviction if the juvenile had been tried as an adult.

3. “Forcible sexual assault” means sexual assault pursuant to § 13-1406 that is committed without consent as defined in § 13-1401, paragraph 5, subdivision (a).

4. “Other violent felony offense” means:

(a) Aggravated assault pursuant to § 13-1204, subsection A, paragraph 1.

(b) Aggravated assault pursuant to § 13-1204, subsection A, paragraph 2 involving the use of a deadly weapon.

(c) Drive by shooting pursuant to § 13-1209.

(d) Discharging a firearm at a structure pursuant to § 13-1211.

CREDIT(S)

Added by Laws 1997, Ch. 220, § 72. Amended by Laws 1997, Ch. 220, § 73, eff. July 1, 1998; Laws 1997, 2nd S.S., Ch. 4, § 33, eff. Nov. 14, 1997; Laws 1997, 2nd S.S., Ch. 4, § 34, eff. July 1, 1998; Laws 1998, Ch. 216, § 15; Laws 2005, Ch. 185, § 2; Laws 2008, Ch. 301, § 13, eff. Jan. 1, 2009; Laws 2010, Ch. 183, § 1.

[FN1] Sections 13-1001 et seq. through 13-1701 et seq.

[FN2] Sections 13-1901 et seq. or 13-2301 et seq.

<Title 13, the revised Criminal Code, consisting of Chapters 1 to 33, 35, 35.1, and 36 to 38, was adopted by Laws 1977, Ch. 142, §§ 1 to 178, effective October 1, 1978, Laws 1978, Ch. 200, § 3, effective October 1, 1978, and Laws 1978, Ch. 215, § 3, effective October 1, 1978.>

§ 18-1-801. Insufficient age

The responsibility of a person for his conduct is the same for persons between the ages of ten and eighteen as it is for persons over eighteen except to the extent that responsibility is modified by the provisions of the “Colorado Children's Code”, title 19, C.R.S. No child under ten years of age shall be found guilty of any offense.

Current with Chapters 1-4, 6, 9, 11, 12, 14, 16, 18, 24, 26, 28, 34, 36-39, 41-44, 46, 47, 49, 51, 53, 54, 56, 60, 63-66, 69-72, 74-76, 78, 82, 84, 85, 88, 89, 91, 92, 95, 98-100, 106, 108, 110, 112, 114, 116, 119, and 121

Part I. General Provisions

Subpart C. Culpability

§ 13. Infancy

Current through the 2012 Regular Session.

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 161. General Provisions (Refs & Annos)

Responsibility (Refs & Annos)

161.290. Incapacity due to immaturity

(1) A person who is tried as an adult in a court of criminal jurisdiction is not criminally responsible for any conduct which occurred when the person was under 12 years of age.

(2) Incapacity due to immaturity, as defined in subsection (1) of this section, is a defense.

CREDIT(S)

Formerly 161.380; Laws 1995, c. 422, § 58.

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 2. Principles of Criminal Responsibility (Refs & Annos)

Part 3. Defenses to Criminal Responsibility

§ 76-2-301. Person under 14 years old not criminally responsible

A person is not criminally responsible for conduct performed before he reaches the age of 14 years. This section shall in no way limit the jurisdiction of or proceedings before the juvenile courts of this state.

CREDIT(S)

Laws 1973, c. 196, § 76-2-301.

Current through 2012 Fourth Special Session.

Revised Statutes Annotated of the State of New Hampshire Currentness

Title LXII. Criminal Code (Ch. 625 to 651-F) (Refs & Annos)

Chapter 628. Responsibility (Refs & Annos)

 628:1 Immaturity.

I. Except as provided in paragraph II, a person less than 15 years old is not criminally responsible for his conduct, but may be adjudged to be a juvenile delinquent.

II. Except as provided in paragraph III, a person 13 years of age or older may be held criminally responsible for the following offenses if the person's case is transferred to the superior court under the provisions of RSA 169-B:24:

(a) (1) First degree murder as defined in RSA 630:1-a.

(2) Second degree murder as defined in RSA 630:1-b.

(3) Manslaughter as defined in RSA 630:2.

(b) First degree assault as defined in RSA 631:1.

(c) Second degree assault as defined in RSA 631:2.

(d) Kidnapping as defined in RSA 633:1.

(e) Aggravated felonious sexual assault as defined in RSA 632-A:2.

(f) Criminal restraint as defined in RSA 633:2.

(g) Class A felony robbery as defined in RSA 636:1.

(h) Attempted murder.

(i) Negligent homicide as defined in RSA 630:3, II.

III. If a person is charged after his or her 17th birthday for an offense set forth in paragraph II which is alleged to have been committed when such person was 13 years of age but less than 15 years of age, and the statute of limitations has not expired, and no juvenile petition based on the acts constituting the offense has been filed, the provisions of RSA 169-B:24 shall not apply. In such cases, the superior court shall hold a hearing prior to trial to determine, based on a preponderance of the evidence, whether the defendant may be held criminally responsible. In making such determination, the court shall consider, but shall not be limited to, the following criteria:

(a) The seriousness of the alleged offense to the community;

(b) The aggressive, violent, premeditated, or willful nature of the alleged offense;

(c) Whether the alleged offense was committed against persons or property;

(d) The prosecutorial merit of the charge;

(e) The sophistication and maturity of the defendant at the time of the alleged offense; and

(f) The defendant's prior record and prior contacts with law enforcement as of the date of the hearing.

Updated with laws current through Chapter 31 of the 2013 Reg. Sess., not including changes and corrections made by the State of New Hampshire, Office of Legislative Services

West's North Dakota Century Code Annotated Currentness

Title 12.1. Criminal Code

Chapter 12.1-04. Juveniles--Intoxication--Defenses

§ 12.1-04-01. Juveniles

Persons under the age of seven years are deemed incapable of commission of an offense defined by the constitution or statutes of this state. The prosecution of any person as an adult is barred if the offense was committed while the person was less than fourteen years of age.

CREDIT(S)

S.L. 1973, ch. 116, § 4; S.L. 1981, ch. 328, § 2.

Current through the 2011 Regular and Special Sessions of the 62nd Legislative Assembly

Section 4.10.  Immaturity Excluding Criminal Convictions; Transfer of Proceedings to Juvenile Court.

(1)  A person shall not be tried for or convicted of an offense if: 

(a)  at the time of the conduct charged to constitute the offense he was less than sixteen years of age [, in which case the Juvenile Court shall have exclusive jurisdiction*]; or 

(b)  at the time of the conduct charged to constitute the offense he was sixteen or seventeen years of age, unless:

(i)  the Juvenile Court has no jurisdiction over him, or,

(ii)  the Juvenile Court has entered an order waiving jurisdiction and  consenting to the institution of criminal proceedings against him. 

(2)  No court shall have jurisdiction to try or convict a person of an offense if criminal proceedings against him are barred by Subsection (1) of this Section.  When it appears that a person charged with the commission of an offense may be of such an age that criminal proceedings may be barred under Subsection (1) of this Section, the Court shall hold a hearing thereon, and the burden shall be on the prosecution to establish to the satisfaction of the Court that the criminal proceeding is not barred upon such grounds.  If the Court determines that the proceeding is barred, custody of the person charged shall be surrendered to the Juvenile Court, and the case, including all papers and processes relating thereto, shall be transferred.

[* The bracketed words are unnecessary if the Juvenile Court Act so provides or is amended accordingly.]

§ 501. Juveniles.

A prosecution of any person as an adult shall be barred if the offense was committed:

(a) when he was less than fifteen years old in any case, or when he was less than sixteen years old in the case of offenses other than murder, aggravated assault, rape and aggravated voluntary sodomy; or

(b) when he was less than eighteen years old unless trial as an adult is ordered by the district court to promote justice.

21 Okl.St.Ann. § 152

Oklahoma Statutes Annotated Currentness

Title 21. Crimes and Punishments

Part I. In General

Chapter 3. Persons Liable to Punishment

§ 152. Persons capable of committing crimes--Exceptions--Children--Idiots--Lunatics--Ignorance--Commission without consciousness--Involuntary subjection

All persons are capable of committing crimes, except those belonging to the following classes:

1. Children under the age of seven (7) years;

2. Children over the age of seven (7) years, but under the age of fourteen (14) years, in the absence of proof that at the time of committing the act or neglect charged against them, they knew its wrongfulness;

3. Persons who are impaired by reason of mental retardation upon proof that at the time of committing the act charged against them they were incapable of knowing its wrongfulness;

4. Mentally ill persons, and all persons of unsound mind, including persons temporarily or partially deprived of reason, upon proof that at the time of committing the act charged against them they were incapable of knowing its wrongfulness;

5. Persons who committed the act, or made the omission charged, under an ignorance or mistake of fact which disproves any criminal intent. But ignorance of the law does not excuse from punishment for its violation;

6. Persons who committed the act charged without being conscious thereof; and

7. Persons who committed the act, or make the omission charged, while under involuntary subjection to the power of superiors.

CREDIT(S)

R.L.1910, § 2094; Laws 1998, c. 246, § 11, eff. Nov. 1, 1998.

Current with emergency effective provisions through Chapter 213 of the First Regular Session of the 54th Legislature (2013)