Kentucky

1) Is it an accurate description of the facts, and
2) Can the prosecutor get a conviction (guilty beyond a reasonable doubt).

And then there's a third, more discretionary factor: is the defendant being charged with a lesser crime although a conviction could be had with a higher offense. In other words, it has to be asked if this "child" could be convicted as well of murder, with the mens rea being provable of an intent of malice and a desire to severely harm/cause death.