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Title 18 — Crimes and Criminal Procedure

Part I · Chapter 1 — General Provisions

§ 17. Insanity defense

Statutory text

(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.

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.

  1. 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, § 20

    Enacted 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
  1. 1984Added Pub. L. 98–473, title II, § 402(a), , 98 Stat. 2057, § 20
  2. 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.)

Parsed from the official OLRC USLM XML in data/usc_all/usc18.xml · release point 119-108 · OLRC build 2026-05-04

USLM identifier /us/usc/t18/s17