Plain language law

New Zealand law explained for everyone

Crimes Act 1961

Matters of justification or excuse - Infancy

22: Children between 10 and 14

You could also call this:

“Children aged 10 to 13 can only be found guilty of a crime if they knew their actions were wrong or against the law.”

If you are between 10 and 14 years old, you can’t be found guilty of a crime unless you knew that what you did was wrong or against the law. This means that if you do something bad without realising it’s wrong or illegal, you won’t be convicted of a crime.

However, if you’re involved in a crime with other people, this rule only applies to you. The other people can still be found guilty of the crime, even if you’re not convicted because of your age.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM328217.

Topics:
Crime and justice > Criminal law
Family and relationships > Children and parenting
Previous

21: Children under 10, or

“Children younger than 10 can't be found guilty of crimes, but others involved might still be.”

Next

23: Insanity, or

“A rule that says people cannot be blamed for crimes if they were too unwell in their mind to understand what they were doing.”

Part 3 Matters of justification or excuse
Infancy

22Children between 10 and 14

  1. No person shall be convicted of an offence by reason of any act done or omitted by him or her when of the age of 10 but under the age of 14 years, unless he or she knew either that the act or omission was wrong or that it was contrary to law.

  2. The fact that by virtue of this section any person has not been or is not liable to be convicted of an offence shall not affect the question whether any other person who is alleged to be a party to that offence is guilty of that offence.

Compare
  • 1908 No 32 s 42