Legal Definitions - infancy

In legal terms, "infancy" refers to a defense used in criminal cases where a minor is accused of a crime. This defense asserts that, due to the defendant's young age, they lacked the mental capacity or understanding to form criminal intent or be held responsible for their actions.

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.