Title 18 — Crimes and Criminal Procedure
Part I · Chapter 1 — General Provisions
§ 17. Insanity defense
Statutory text
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.
Burden of Proof.—
The defendant has the burden of proving the defense of insanity by clear and convincing evidence.
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
Insanity Defense Reform Act of 1984
Pub. L. 98–473 title II § 402(a) · 98 Stat. 1837
Enacted · 18 U.S.C. § 17
Added Pub. L. 98–473, title II, § 402(a), Oct. 12, 1984, 98 Stat. 2057, § 20
Source evidence
Code source credit
Added Pub. L. 98–473, title II, § 402(a), Oct. 12, 1984, 98 Stat. 2057, § 20Enacted provision · exact public law section
(a) Chapter 1 of title 18, United States Code, is amended by adding at the end thereof the following new section: “§ 20. 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.”.
1 of 1 references resolved to an enrolled provision
Credits
1984–1986 · 2 acts
- 1984Added Pub. L. 98–473, title II, § 402(a), , 98 Stat. 2057, § 20
- 1986renumbered § 17, Pub. L. 99–646, § 34(a), , 100 Stat. 3599.
Show as published
(Added Pub. L. 98–473, title II, § 402(a), , 98 Stat. 2057, § 20; renumbered § 17, Pub. L. 99–646, § 34(a), , 100 Stat. 3599.)