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Penalty To be Imposed Upon A Person Under 18 Years Of Age

ART. 68

Penalty to be imposed upon a person under eighteen years of age. - When the offender is a minor under eighteen years and his case is one coming under the provisions of the paragraphs next to the last of Article 80 of this Code, the following rules shall be observed:

1. Upon a person under fifteen but over nine years of age, who is not exempted from liability by reason of the court having declared that he acted with discernment, a discretionary penalty shall be imposed, but always lower by two degrees at least than that prescribed by law for the crime which he committed.

2. Upon a person over fifteen and under eighteen years of age the penalty next lower than that prescribed by law shall be imposed, but always in the proper period.


Art. 68 provides for 2 privileged mitigating circumstances:
1. If the act is attended by two or more mitigating circumstances and no aggravating circumstance, the penalty being divisible, a minor over 15 but under 18 may still get a penalty two degrees lower.
2. under 15 but over 9 and has acted w/ discretion: 2 degrees lower
3. under 18 but over 15: 1 degree lower

NOTE: Art. 68 applies to such minor if his application for suspension of sentence is disapproved or if while in the reformatory institution he becomes incorrigible, in which case he shall be returned to the court for the imposition of the proper penalty.

Art. 68 applies to such minor if his application for suspension of sentence is disapproved or if while in the reformatory institution he becomes incorrigible in which case he shall be returned to the court for the imposition of the proper penalty.

9 to 15 years only with discernment: at least 2 degrees lower.

15 to 18 years old: penalty next lower

Art. 68 provides for two of the PRIVILEGED MITIGATING CIRCUMSTANCES

If the act is attended by two or more mitigating and no aggravating circumstance, the penalty being divisible, a minor over 15 but under 18 years old may still get a penalty two
degrees lower.