If the defendant is 9 years old, what is the effect of the infancy defense?

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Infancy governs criminal responsibility by age, recognizing that very young children may not have the capacity to form the mens rea required for a crime. Under this rule, the period from seven to fourteen years old carries a rebuttable presumption against criminal liability, meaning the state must prove the child had the capacity to understand wrongdoing or to conform conduct to the law in order to convict. A nine-year-old sits squarely in that bracket, so there is a presumption that they are not liable for a crime unless the state overcomes that presumption with evidence of capacity. Above fourteen, individuals are treated as fully liable, while under seven there is generally no liability.