Sec. 12.47.040. Form of verdict in certain cases involving insanity or mental disease or defect.

163 words·~1 min read·/ak/title-12/chapter-47/12-47-040

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)In a prosecution for a crime when the affirmative defense of insanity is raised under AS 12.47.010 , or when evidence of a mental disease or defect of the defendant is otherwise admissible at trial under AS 12.47.020 , the trier of fact shall find, and the verdict shall state, whether the defendant is

(1)guilty;

(2)not guilty;

(3)not guilty by reason of insanity; or

(4)guilty but mentally ill.

(b)To return a verdict under (a)(4) of this section, the fact finder must find beyond a reasonable doubt that the defendant committed the crime and that, when the defendant committed the crime, the defendant was guilty but mentally ill as defined in AS 12.47.030 .

(c)When the jury is instructed as to the verdicts under

(a)of this section, it shall also be instructed on the dispositions available under AS 12.47.050 and 12.47.090.