(1) The applicable test of insanity shall be, and the jury shall be so instructed: A person who is so diseased or defective in mind at the time of the commission of the act as to be incapable of distinguishing right from wrong with respect to that act is not accountable. But care should be taken not to confuse such mental disease or defect with moral obliquity, mental depravity, or passion growing out of anger, revenge, hatred, or other motives, and kindred evil conditions, for when the act is induced by any of these causes the person is accountable to the law..
(2) Repealed.
(3) This section applies to offenses committed before July 1, 1995.
Source: L. 72: R&RE, p. 225, � 1. C.R.S. 1963: � 39-8-101. L. 83: Entire section amended, p. 672, � 1, effective July 1. L. 84: (1) amended, p. 490, � 1, effective February 6. L. 95: (3) added, p. 71, � 1, effective July 1. L. 2025: (2) repealed and (3) amended, (HB 25-1058), ch. 15, p. 38, � 1, effective August 6.
16-8-101.3. Legislative intent in enacting section 16-8-101.5 and in making conforming amendments. The intent of the general assembly in enacting section 16-8-101.5 and making conforming amendments to sections 16-8-101 to 16-8-104, 16-8-106, 16-8-110, 16-8-114, 16-8-115, and 16-8-120 in 1995, and in enacting clarifying provisions in this section and sections 16-8-104.5 and 16-8-105.5 and making conforming amendments to sections 16-8-105 and 16-8-107 and sections 18-1-802 and 18-1-803, C.R.S., in 1996, was to combine the defense of not guilty by reason of insanity and the affirmative defense of impaired mental condition into the affirmative defense of not guilty by reason of insanity and to create a unitary process for hearing the issues raised by said affirmative defense to apply to offenses committed on or after July 1, 1995.
Source: L. 96: Entire section added, p. 3, � 1, effective January 31.