5-1-1. PERSONS CAPABLE OF COMMITTING CRIMES.

All persons are capable of committing crimes except the following:

1. Children under the age of ten (10) years;
2. Children of the age of ten (10) years or more but under the age of fourteen (14) years in the absence of proof that at the time of the committing of the act charged against them they knew its wrongfulness;
3. Persons who committed the act charged while under the involuntary subjection to the power of superiors;
4. Persons who, at the time of committing the act charged against them, were mentally ill.