United States Code (Last Updated: May 24, 2014) |
Title 18. CRIMES AND CRIMINAL PROCEDURE |
Part I. CRIMES |
Chapter 1. GENERAL PROVISIONS |
§ 17. Insanity defense
Latest version.
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(a) Affirmative Defense.— It is an affirmative defense to a prosecution under any Federal statute that, at the time of the commission of the acts constituting the offense, the defendant, as a result of a severe mental disease or defect, was unable to appreciate the nature and quality or the wrongfulness of his acts. Mental disease or defect does not otherwise constitute a defense. (b) Burden of Proof.— The defendant has the burden of proving the defense of insanity by clear and convincing evidence.
(Added Pub. L. 98–473, title II, § 402(a), Oct. 12, 1984 , 98 Stat. 2057, § 20; renumbered § 17, Pub. L. 99–646, § 34(a), Nov. 10, 1986 , 100 Stat. 3599.)