(1) A person under 12 years of age is not criminally responsible for any act which he or she does which is contrary to law.
(2) A person of 12 years of age and below 16 years of age is criminally responsible for any act done by him or her unless he or she is not of sufficient maturity of understanding to enable him or her to appreciate the nature and consequences of his or her conduct in respect of which he or she is accused.