Title 18, Crimes and Criminal ProcedureRelease 119-110
§17 Insanity Defense
Title 18 › PART I — CRIMES › CHAPTER 1 — GENERAL PROVISIONS › § 17
Summary
Insanity is a defense when a mental illness or defect made them unable to know the act or that it was wrong. They must prove this by clear and convincing evidence.
Full Legal Text
Title 18, §17
Crimes and Criminal Procedure, Source: USLM XML via OLRC
(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.
Reference
Citations & Metadata
Citation
18 U.S.C. § 17
Title 18, Crimes and Criminal Procedure
Last Updated
Sep 22, 2026
Release point: 119-110