Tommy Johnson, Who Is 14 Years Old, Goes into the Local

Tommy Johnson, who is 14 years old, goes into the local clothing store and steals a pair of $120 Nike shoes.  The store's loss prevention catches him and calls the police.

A) If Tommy did not have the mental capacity or the ability to formulate the necessary criminal intent or understanding that he committed a crime, then Tommy would: ​
B) not be prosecuted.
C) be prosecuted as a child.
D) be prosecuted based on diminished capacity.
E) be prosecuted as an adult.