§
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.
Notes of Decisions
Cited in
8
cases (
1 in the last 5 years), 1973–2021 · leading case:
State v. Sejnoha, 512 N.W.2d 597 (Minn. Ct. App. 1994).
State v. Sejnoha, 512 N.W.2d 597 (Minn. Ct. App. 1994).
· cites it 2× “See Minn.Stat. § 609.055, subd. 1 (1992) (children under fourteen years of age are incapable of committing a crime); In re D.”
State v. Anderson, 394 N.W.2d 813 (Minn. Ct. App. 1986).
· cites it 2× “Minn.Stat. § 609.055 (1984). A conviction under Minn.”
State v. Shamp, 422 N.W.2d 736 (Minn. Ct. App. 1988).
· cites it 2× “Prosecution of some of the acts the testimony showed Anderson committed would have been barred by Minn.Stat. § 609.055 (1984) (prohibiting conviction for acts occurring while an accused was under the age of fourteen).”
In re Tyvonne M., 558 A.2d 661 (Conn. 1989).
“§ 13-501 ; Minn. Stat. § 609.055 ; Or. Rev. Stat. Ann.”
State v. Christy Pontiac-GMC, Inc., 354 N.W.2d 17 (Minn. 1984).
· cites it 2× “, Minn.Stat. § 609.055 (1982) (legislative declaration that children under the age of 14 years are incapable of committing a crime).”
In Re the Welfare of K.A.S., 585 N.W.2d 71 (Minn. Ct. App. 1998).
· cites it 2× “We uphold the juvenile delinquency adjudication. Accordingly, K.A.S. can be on probation until he turns 19, but not until age 21 as determined by the district court.”
Holmen v. Miller, 206 N.W.2d 916 (Minn. 1973).
· cites it 2× “541); a child under 14 years of age is presumptively incapable of committing a crime (§ 609.055); and a minor child over 14 years of age, although unable to sue in his own name, may petition for appointment of a guardian ad litem of his own choice (Rules of Civil Procedure, Rule…”
RSUI Indem. Co. v. New Horizon Kids Quest, Inc. (D. Minnesota 2021).
· cites it 2× “So although a nine year old perpetrator would not be subject to criminal prosecution, see Minn. Stat. § 609.055 , or be considered delinquent, In re Welfare of S.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.