South Carolina § 17-24-10 Affirmative defense.

South Carolina Statutes

§ 17-24-10 — Affirmative defense.

South Carolina § 17-24-10

Title 17CRIMINAL PROCEDURES

Ch. 24MENTALLY ILL OR INSANE DEFENDANTS

This text of South Carolina § 17-24-10 (Affirmative defense.) is published on Counsel Stack Legal Research, covering South Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

S.C. Code Ann. § 17-24-10 (2026).

Text

(A)It is an affirmative defense to a prosecution for a crime that, at the time of the commission of the act constituting the offense, the defendant, as a result of mental disease or defect, lacked the capacity to distinguish moral or legal right from moral or legal wrong or to recognize the particular act charged as morally or legally wrong.

(B)The defendant has the burden of proving the defense of insanity by a preponderance of the evidence.

(C)Evidence of a mental disease or defect that is manifested only by repeated criminal or other antisocial conduct is not sufficient to establish the defense of insanity.

Free access — add to your briefcase to read the full text and ask questions with AI

(A) It is an affirmative defense to a prosecution for a crime that, at the time of the commission of the act constituting the offense, the defendant, as a result of mental disease or defect, lacked the capacity to distinguish moral or legal right from moral or legal wrong or to recognize the particular act charged as morally or legally wrong. (B) The defendant has the burden of proving the defense of insanity by a preponderance of the evidence. (C) Evidence of a mental disease or defect that is manifested only by repeated criminal or other antisocial conduct is not sufficient to establish the defense of insanity.