StacksVerified U.S. federal law reference

18 U.S.C. § 17 — Insanity defense

Verified against govinfo.gov as of June 20, 2026View official text on govinfo.gov
  1. (a)Affirmative DefenseIt 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.
  2. (b)Burden of ProofThe defendant has the burden of proving the defense of insanity by clear and convincing evidence.