18 U.S.C. § 17 — Insanity defense

FEDERAL · 18 U.S.C. · Chapter 1

Insanity defense

18 U.S.C. § 17

Chapter1 — GENERAL PROVISIONS

This text of 18 U.S.C. § 17 (Insanity defense) is published on Counsel Stack Legal Research, covering United States primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

18 U.S.C. § 17.

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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.

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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.

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History

(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.)

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Bluebook (online)

18 U.S.C. § 17, Counsel Stack Legal Research, https://law.counselstack.com/usc/18/17.

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History

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