A minor who is under twelve years of age cannot be outlawed, nor placed without the law, because before such age he is not under any law, nor in decennary.

Explanation

A child under twelve cannot be outlawed or subjected to the penalties of law, because he is not yet considered to be within the law's jurisdiction — cite this when challenging any legal proceeding brought against a very young child.

Where this applies

• A prosecutor seeks to charge a ten-year-old with a criminal offense, but the defense argues the child is below the age at which the law recognizes criminal responsibility.
• A court dismisses proceedings against an eleven-year-old accused of vandalism, holding that a child under twelve cannot be outlawed or subjected to criminal penalties.
• A school district tries to suspend a nine-year-old and refer him to juvenile court; the defense cites this maxim to argue that a child so young is not yet within the law's punitive jurisdiction.