People v. Manuel L.

Opinion

PANELLI, J.

Penal Code section 26 articulates a presumption that a minor under the age of 14 is incapable of committing a crime. (Pen. Code, §26, subd. One.)1 To defeat, the presumption, the People must show by “clear proof” that at the time the minor committed the charged act, he or she *232knew of its wrongfulness. This provision applies to proceedings under Welfare and Institutions Code section 602.2 (In re Gladys R., supra, 1 Cal.3d at p. 867.) Only those minors over the age of 14, who may be presumed to understand the wrongfulness of their acts, and those under 14 who—as demonstrated…