Legal Definitions - infancy

In legal terms, infancy refers to a defense in criminal law asserting that a person is too young to possess the mental capacity required to understand the nature of their actions or to form criminal intent. This defense argues that, due to their age, a minor cannot be held criminally responsible for an alleged offense.

• Example 1: A six-year-old child, playing in a department store, picks up a small, expensive toy from a display and walks out of the store with it, believing it to be a new plaything. While an adult doing the same would be charged with shoplifting, the defense of infancy would apply here. A six-year-old is generally presumed to lack the understanding of ownership, theft, or the legal consequences of their actions, meaning they cannot form the necessary criminal intent for the crime.

• Example 2: An eight-year-old boy, upset after an argument with a classmate, deliberately defaces the classmate's school locker with a permanent marker. Although the act caused damage and was intentional, the legal system would likely invoke the defense of infancy. Most jurisdictions recognize that an eight-year-old is typically incapable of fully comprehending the criminal implications of property damage or vandalism, making them unsuitable for criminal prosecution.