{"data":{"id":"us-ok/okla.-stat.-tit.-44-44-850a","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 44, § 44-850A","heading":"Defense of lack of mental responsibility","body":"ARTICLE 50A. Defense of lack of mental responsibility.\n\nA. It is an affirmative defense in a trial by court-martial\n\nthat, at the time of the commission of the acts constituting the\n\noffense, the accused, as a result of a severe mental disease or\n\ndefect, was unable to appreciate the nature and quality or the\n\nwrongfulness of the acts. Mental disease or defect does not\n\notherwise constitute a defense.\n\nB. The accused has the burden of proving the defense of lack of\n\nmental responsibility by clear and convincing evidence.\n\nC. Whenever lack of mental responsibility of the accused with\n\nrespect to an offense is properly at issue, the military judge shall\n\ninstruct the members of the court as to the defense of lack of\n\nmental responsibility under this section and shall charge them to\n\nfind the accused:\n\n1. Guilty;\n\n2. Not guilty; or\n\n3. Not guilty only by reason of lack of mental responsibility.\n\nD. Subsection C of this section does not apply to a court-\n\nmartial composed of a military judge only. In the case of a court-\n\nmartial composed of a military judge only, whenever lack of mental\n\nresponsibility of the accused with respect to an offense is properly\n\nat issue, the military judge shall find the accused:\n\n1. Guilty;\n\n2. Not guilty; or\n\n3. Not guilty only by reason of lack of mental responsibility.\n\nE. Notwithstanding the provisions of Section 852 of this title\n\n(Article 52), the accused shall be found not guilty only by reason\n\nof lack of mental responsibility if:\n\n1. A majority of the members of the court-martial present at\n\nthe time the vote is taken determines that the defense of lack of\n\nmental responsibility has been established; or\n\n2. In the case of a court-martial composed of a military judge\n\nonly, the military judge determines that the defense of lack of\n\nmental responsibility has been established.","path":["OK Code","Title 44"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os44.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"8ccf0b056f517f259748cfb3c61228c68aff062d2fdc7da23bacef2048a65693","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-44-44-850","next":"us-ok/okla.-stat.-tit.-44-44-851"},"notice":"GroundRules: Original legal text. Not legal advice."}