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US Code · Through Public Law 119-103 (09/02/2026)

18 U.S.C. § 17: Insanity defense

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Where this section sits in the code
  1. Title 18—CRIMES AND CRIMINAL PROCEDURE
  2. CHAPTER 1—GENERAL PROVISIONS

(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.

Collected 2026-09-10T05:56:53Z. Source file · JSON

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