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§ 17. Insanity defense

Version history — every release point where this text changed

Release point 114-30 · current through 07/06/2015

§ 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.

Source(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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