Public Law 119-73 (01/23/2026)

18 U.S.C. § 17

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.

Pub. L. 98–473, title II, § 402(a)98 Stat. 2057Pub. L. 99–646, § 34(a)100 Stat. 3599(Added , , , § 20; renumbered § 17, , , .)