18 U.S.C. § 17Chapter 1

§17. Insanity defense

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Verbatim text below is from the United States Code (GovInfo), a public-domain U.S. government work.

Full Text

§17. Insanity defense

(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.

Last amended: December 31, 2024

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