1.    An individual under the age of ten years is deemed incapable of commission of an offense defined by the constitution or statutes of this state. The prosecution of an individual as an adult is barred if the offense was committed while the individual was less than fourteen years of age.

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Terms Used In North Dakota Code 12.1-04-01

2.    An individual ten years of age or older may be assessed for mental fitness or capacity under this chapter.