Defense of lack of mental responsibility

SDCL § 33-10-146 — under UNIFORM STATE CODE OF MILITARY JUSTICE.

SDCL § 33-10-146

It is an affirmative defense in a trial by court-martial that, at the time of the commission of the acts constituting the offense, the accused, as a result of a severe mental disease or defect, was unable to appreciate the nature and quality or the wrongfulness of the acts. Mental disease or defect does not otherwise constitute a defense. Source: SL 2012, ch 175 , § 127.