Defenses and affirmative defenses

For any act or omission of child maltreatment that would be a criminal offense or an act of delinquency, any defense or affirmative defense, including the burden of proof regarding the affirmative defense, that would apply to the criminal offense or delinquent act is also cognizable in a child maltreatment proceeding with the exception of: (1) A statute of limitation; (2) Lack of capacity as a result of mental disease or defect under § 5-2-312 ; and (3) Affirmative defenses under §§ 5-1-112 - 5-1-114 . Acts 2009, No. 749, § 1; 2011, No. 1143, § 20. For any act or omission of child maltreatment that would be a criminal offense or an act of delinquency, any defense or affirmative defense, including the burden of proof regarding the affirmative defense, that would apply to the criminal offense or delinquent act is also cognizable in a child maltreatment proceeding with the exception of: (1) A statute of limitation; (2) Lack of capacity as a result of mental disease or defect under § 5-2-312 ; and (3) Affirmative defenses under §§ 5-1-112 - 5-1-114 . Acts 2009, No. 749, § 1; 2011, No. 1143, § 20.