23A-25-13. Guilty but mentally ill verdict--Forms furnished--Instructions.
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/sd/title-23/chapter-23-25/23a-25-13·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
If a defense of insanity or mental illness has been presented during a trial, the court shall provide the jury with a special verdict form of "guilty but mentally ill" for each offense. The court shall instruct the jury that a special verdict of "guilty but mentally ill" may be returned instead of a general verdict. The court shall also instruct the jury that the special verdict requires a finding beyond a reasonable doubt by the jury that the defendant committed the offense but that he was mentally ill at the time he committed the offense.