{"data":{"id":"us-ky/krs-35.252","jurisdiction":"us-ky","citation":"KRS 35.252","heading":"Defense of lack of mental responsibility.","body":"(1) It is an affirmative defense in a trial by court -martial that, at the time of the\ncommission of the acts constituting the offense, the accused, as a result of severe\nmental disease or defect, was unable to appreciate the nature and quality or the\nwrongfulness of the acts. Mental disease or defect does not otherwise constitute a\ndefense.\n(2) The accused has the burden of proving the defense of lack of mental responsibility\nby clear and convincing evidence.\n(3) Whenever lack of mental responsibility of the ac cused with respect to an offense is\nproperly at issue, the military judge shall instruct the members of the court as to the\ndefense of lack of mental responsibility under this section and charge them to find\nthe accused:\n(a) Guilty;\n(b) Not guilty; or\n(c) Not guilty only by reason of lack of mental responsibility.\n(4) Subsection (3) of this section does not apply to a court -martial composed of a\nmilitary judge only. In the case of a court -martial composed of a military judge\nonly, whenever lack of mental re sponsibility of the accused with respect to an\noffense is properly at issue, the military judge shall find the accused:\n(a) Guilty;\n(b) Not guilty; or\n(c) Not guilty only by reason of lack of mental responsibility.\n(5) Notwithstanding KRS 35.260, the accus ed shall be found not guilty only by reason\nof lack of mental responsibility if:\n(a) A majority of the members of the court -martial present at the time the vote is\ntaken determines that the defense of lack of mental responsibility has been\nestablished; or\n(b) In the case of a court -martial composed of a military judge only, the military\njudge determines that the defense of lack of mental responsibility has been\nestablished.","path":["KRS Chapter 35"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=41926","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:48:52Z","sha256":"9c1fcadee0243656502fd856c2971ab850b74e99662c0e5a9923bd3251f926a3","source_id":"us-ky","stale":false,"prev":"us-ky/krs-35.250","next":"us-ky/krs-35.255"},"notice":"GroundRules: Original legal text. Not legal advice."}