This keeps coming up, so I hope this will help...
The CO Statutes say an "infant" (defined in CO as a child under the age of 10) cannot be charged with a felony because they are incapable of forming "criminal intent." They state specifically that even though they can't be charged or convicted, it doesn't mean they cannot commit an act that is otherwise criminal. This does
not mean that an adult who is involved in the act cannot be charged. This tenet has been tested in
People v. Miller and then codified in the Statutes. (Explanation of that case can be found
here.)
Many cases have charges that name minors (not just "infants," but anyone under the age of 18) involved in the case -- either as participants or as victims. When any document with their name is made public, or when the case is discussed publicly, the actual name of that minor is redacted or withheld. This doesn't preclude charges from being brought or prevent a trial from being held, despite all the speculation of it in this case. Of course, in many cases, it is easy enough for the public (or at least those familiar with the details of a case) to understand who that minor would be. So for that reason, a DA might be reluctant to pursue charges against the adult(s) without a good chance at conviction.
Had Alex Hunter been willing to pursue the indictment (assuming BDI for the moment), he certainly
could have done so. But there are so many reasons that have been speculated as to why he did not, there is no need to list them now. The point is, there is nothing in the laws of CO that meant the Ramseys (John and Patsy) could not nave been charged because of a minor's (possible) involvement.
I heard this for so many years, I too assumed it was correct. It wasn't until I read the statutes that I realized it is
not. If anyone says it is, I challenge them to find it in the Colorado Revised Statutes:
http://www.lexisnexis.com/hottopics/Colorado/