NRS 412.3945 Affirmative defense of lack of mental responsibility: Limitations; burden of proof; instructions to members of court.

355 words·~2 min read·/nv/chapter-412-state-militia/412-3945

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 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 of the wrongfulness of his or her acts and, thus, lacked mental responsibility for those 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 by reason of lack of mental responsibility.

Ê Notwithstanding the provisions of NRS 412.396 , the accused may only be found not guilty by reason of lack of mental responsibility pursuant to paragraph

(c)if 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.

4. The provisions of this subsection and subsection 3 do not apply to a court-martial composed only of a military judge. In the case of a court-martial composed only of a military judge or a summary court-martial officer, whenever lack of mental responsibility of the accused with respect to an offense is properly at issue, the military judge or summary court-martial officer shall find the accused:

(a)Guilty;

(b)Not guilty; or

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

Ê Notwithstanding the provisions of NRS 412.396 , the accused may be found not guilty only by reason of lack of mental responsibility pursuant to paragraph

(c)only if the military judge or summary court-martial officer determines that the defense of lack of mental responsibility has been established.