Title 18 — Crimes and Criminal ProcedureRelease 119-73
§17 Insanity defense
Title 18 › Part PART I— - CRIMES › Chapter CHAPTER 1— - GENERAL PROVISIONS › § 17
Summary
Insanity is a defense if a severe mental disease made them unable to understand their actions or that those actions were wrong; they must prove it by clear and convincing evidence.
Full Legal Text
Title 18, §17
Crimes and Criminal Procedure — Source: USLM XML via OLRC
(a)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)The defendant has the burden of proving the defense of insanity by clear and convincing evidence.
Reference
Citations & Metadata
Citation
18 U.S.C. § 17
Title 18 — Crimes and Criminal Procedure
Last Updated
Apr 6, 2026
Release point: 119-73