Last week, a kindergartner in Houston, Texas brought a loaded firearm to school. At lunch, the gun fell out of the child's pocket and accidentally discharged. The child who brought the firearm to school was injured, as were two of his classmates. Fortunately, no one was critically injured. However, the incident raises an important question: When a young child brings a gun to school or commits another offense, can he/she be charged with a crime?
Answer:
No one under the age of eight (8) can be charged with a
juvenile (or "delinquent") offense in Nevada state court. Between the ages of eight (8) and fourteen (14),
courts presume that a child does
not have the intent necessary to commit a delinquent offense. If charges are
brought against a child who is between eight (8) and fourteen (14), the
prosecutor must show by
clear evidence that the child knew the wrongfulness of his/her conduct
at the time the offense was committed.