35.252 Defense of lack of mental responsibility.

292 words·~1 min read·/ky/chapter-35/35-252

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

(1)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 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.

(2)The accused has the burden of proving the defense of lack of mental responsibility

by clear and convincing evidence.

(3)Whenever lack of mental responsibility of the accused with respect to an offense is

properly at issue, the military judge shall instruct the members of the court as to the

defense of lack of mental responsibility under this section and charge them to find

the accused:

(a)Guilty;

(b)Not guilty; or

(c)Not guilty only by reason of lack of mental responsibility.

(4)Subsection

(3)of this section does not apply to a court-martial composed of a

military judge only. In the case of a court-martial composed of a military judge

only, whenever lack of mental responsibility of the accused with respect to an

offense is properly at issue, the military judge shall find the accused:

(a)Guilty;

(b)Not guilty; or

(c)Not guilty only by reason of lack of mental responsibility.

(5)Notwithstanding KRS 35.260, the accused shall be found not guilty only by reason

of lack of mental responsibility if:

(a)A majority of the members of the court-martial present at the time the vote is

taken determines that the defense of lack of mental responsibility has been

established; or

(b)In the case of a court-martial composed of a military judge only, the military

judge determines that the defense of lack of mental responsibility has been

established.