It happens fast. You’re scrolling through a news feed and see a headline about a 9 and 10 year old charged with something serious—maybe a felony, maybe even something violent—and your brain immediately does a double-take. Honestly, it feels wrong. How does a kid who still loses baby teeth and believes in the Tooth Fairy end up in the crosshairs of the American criminal justice system?
It’s not just a freak occurrence.
While these cases are rare compared to adult crimes, they happen more often than you’d think. In 2023 and 2024, we saw a string of high-profile incidents involving elementary-aged children. There was the case in Florida where a 10-year-old was handcuffed after a threat, and the tragic situation in Virginia where a 6-year-old shot his teacher. When kids this young get caught up in the law, it triggers a messy, emotional, and incredibly complex debate about "capacity." Basically, we’re asking: did they actually know what they were doing?
Most people assume the law treats children as, well, children. But the reality is a patchwork of state laws that vary so much it’ll make your head spin.
The messy reality of the 9 and 10 year old charged in America
There is no federal minimum age for prosecution. None.
Because of this, about 24 states have no minimum age at all for when a child can be charged with a crime. That means, theoretically, a toddler could be "charged," though common sense usually kicks in before that. However, for the 9 and 10 year old charged with offenses today, they are navigating a system designed for adults. They aren't just sitting in a principal's office anymore. They are facing judges.
Take North Carolina, for example. For a long time, it had one of the lowest ages in the world—kids as young as 6 could be funneled into the juvenile system. They recently raised that to 10, but even then, the exceptions are huge. If a child is accused of a top-tier felony, that age floor often vanishes. It’s a legal "gray zone" that leaves families scrambling.
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Why does this keep happening?
Politics. It usually comes down to "tough on crime" rhetoric versus developmental science. When a community is shocked by a crime committed by a child, there is an immediate, visceral outcry for accountability. Prosecutors often feel pressured to act. They use words like "public safety" and "deterrence." But can you really deter a 4th grader who doesn't understand the concept of a mortgage, let alone a mandatory minimum sentence?
Psychologists like those at the American Psychological Association (APA) have been screaming into the void about this for decades. They point to the prefrontal cortex—the part of the brain responsible for impulse control and understanding consequences. It isn't fully cooked until your mid-20s. For a 9-year-old? It’s barely pre-heated.
The "Infancy Defense" and the Capacity Gap
The legal world has this old-school concept called doli incapax. It’s Latin for "incapable of evil."
Centuries ago, common law assumed kids under seven couldn't commit crimes because they lacked the "mens rea" or guilty mind. Between 7 and 14, there was a "rebuttable presumption." Basically, the prosecutor had to prove the kid knew the difference between right and wrong.
Fast forward to 2026, and we’ve kinda lost the plot.
When you see a 9 and 10 year old charged, the prosecution is betting they can prove that child understood the "wrongfulness" of their act. But "wrong" to a child is different than "wrong" to an adult. A 9-year-old might know hitting is bad because they’ll get grounded, but they don't necessarily grasp the finality of death or the lifelong impact of a felony record.
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Real-world consequences of early charging
- The School-to-Prison Pipeline: Once a kid enters the system, it's sticky. Records, even juvenile ones, follow them.
- Trauma: Handcuffing a 10-year-old creates a core memory, and not the good kind. It often leads to PTSD and a deep-seated distrust of authority.
- Legal Costs: Families often go bankrupt trying to defend a child against charges that might eventually be dropped anyway.
I remember reading about a case in Syracuse where a 10-year-old was detained for allegedly stealing a bag of chips. The video went viral. The kid was screaming. The police were trying to do their jobs. It was a mess. It highlights the fundamental friction: we are using a sledgehammer (the law) to fix a problem that usually requires a scalpel (social services and parenting).
What the science actually says about "Criminal" children
Let's be real. Kids are impulsive.
A 10-year-old’s brain is highly sensitive to rewards and peer pressure but almost blind to long-term risks. Dr. Laurence Steinberg, a leading expert on adolescent development, has frequently testified that children this age are "categorically less culpable" than adults. They lack "future orientation." If you ask a 9-year-old what they'll be doing in five years, they might say "playing video games" or "being a superhero." They aren't thinking about how a criminal charge today affects their ability to join the military or get a job in 2035.
When a 9 and 10 year old charged with a crime appears in court, the defense usually brings in experts to discuss "competency." Is the child competent to stand trial? Can they help their lawyer? Do they even know what a lawyer is? In many cases, the answer is a resounding no. They think the judge is like a teacher and the courtroom is a big timeout.
International perspectives: We are the outliers
If you look at the rest of the world, the U.S. looks like an anomaly.
In many European countries, the age of criminal responsibility is 14 or 15. In some places, it’s 16. They view incidents involving 9 or 10-year-olds as social service issues, not police matters. They focus on the "why"—is there abuse at home? Is there an undiagnosed learning disability? Is it a neurodivergence issue like ADHD or Autism?
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In the U.S., we tend to prioritize the "what"—what happened, and how do we punish it?
The shifting tide in state legislatures
There is some movement, though. States like California and New York have pushed to raise the age of jurisdiction. They are starting to realize that locking up a 4th grader doesn't make the neighborhood safer; it just creates a more sophisticated criminal by the time they hit 18.
But for every state moving forward, another is moving backward, fueled by "tough on crime" bills that seek to lower ages in response to spikes in carjackings or school threats. It’s a legislative tug-of-war where the rope is tied around the necks of children.
Practical steps for parents and advocates
If you ever find yourself in a situation where a child you know is facing legal trouble, or if you're just an advocate for reform, the "wait and see" approach is a disaster. The system moves regardless of whether the child understands it.
- Secure specialized counsel immediately. You don't just need a lawyer; you need a juvenile defense specialist who understands developmental psychology.
- Request a psychological evaluation. Don't wait for the court to order one. Get a private, comprehensive evaluation to document the child's cognitive level and any trauma.
- Focus on the "Why." Documentation of school records, IEPs (Individualized Education Programs), and home life can be used as "mitigating factors."
- Engage with the school early. Often, these charges stem from school incidents. If the school can be convinced to handle it internally via "Restorative Justice" rather than involving the SRO (School Resource Officer), the charges might be avoided entirely.
The conversation around a 9 and 10 year old charged with crimes is uncomfortable because it forces us to look at the failings of our social safety nets. It's easier to blame a "bad kid" than it is to fix a broken school system, address poverty, or fund mental health care.
Ultimately, the law is a blunt instrument. It’s great for punishing intentional harm by adults, but it’s remarkably poor at raising children. When we treat 10-year-olds like miniature adults, we lose the chance to actually help them grow into the productive adults we want them to be. The goal should be intervention, not just incarceration.
If we want to stop seeing these headlines, we have to stop expecting the courtroom to do the job of the classroom and the home. It’s a tall order, but the alternative is a generation of kids who are "system-involved" before they even hit puberty. That’s a price too high for any society to pay.
Next Steps for Information:
Check your local state statutes regarding the Minimum Age of Juvenile Jurisdiction. Laws are changing rapidly in 2025 and 2026, and staying informed about your specific state’s "Capacity" laws is the first step in effective advocacy. For those looking to support reform, organizations like the National Juvenile Justice Network provide resources on how to lobby for raising the minimum age of prosecution in your specific district.