§ 628:2 — Insanity

New Hampshire § 628:2

• Jurisdiction: New Hampshire
• Title LXII: CRIMINAL CODE
• Ch. 628: RESPONSIBILITY

Text

I. A person who is insane at the time he acts is not criminally responsible for his conduct. Any distinction between a statutory and common law defense of insanity is hereby abolished and invocation of such defense waives no right an accused person would otherwise have.
II. The defendant shall have the burden of proving the defense of insanity by clear and convincing evidence.
III. Evidence of insanity is not admissible unless:
(a) The defendant, within 10 days after entering his plea of not guilty or at such later time as the court may for good cause permit, notifies the court and the state of his purpose to rely on such defense; and
(b) Such notice is given at least 30 days before the scheduled commencement of trial.

Legislative History

1971, 518:1. 1982, 34:1. 1987, 13:1, eff. June 2, 1987.