TACOMA - The infamous jet-hopping boy who last year talked his way onto a plane will have to wait until next week to learn if he will go to trial for residential burglary and two other charges.

The Pierce County judge who must decide if the child knows right from wrong said Thursday he will not rule on the case of Semaj Booker just yet.

In July police charged Semaj with residential burglary, accusing him of breaking into an apartment over the Fourth of July weekend.

Booker's defense attorney cited state law that a child under the age of 12 is unable to commit a crime.

The prosecutor however, claims Booker knew what he was doing was wrong and knew there would be consequences.

Prosecutor Angelica McGaha explains, "He says, 'Please don't call police; I am going to get in trouble.'"

Those statements are part of the evidence that McGaha said prove that Booker knew what he was doing was wrong, the night he's accused of breaking into an apartment.

At a younger age, Booker lied to get through airport security and even made it onto one plane. And he admitted to stealing a car. He ended up convicted of those incidents and under the supervision of a probation officer.

McGaha says, "Despite all his instruction, he chose to disregard what is right and what he should be doing. It's not because he doesn't know, it's because he doesn't care."

But Booker's defense team says he didn't know it was wrong to climb through a window into another family's apartment because he did not have a reason for doing it, like he did during his other arrests.

Defense Attorney John Austin says, "When he was getting on the plane for example, he wanted to go to Texas."

The defense also argued that the state failed to meet its burden of proof in this case.

Judge Frank Cuthbertson must now decide if Booker knew what he was doing was wrong. The judge said he expected to issue a written ruling in this case next week.