23A-26-14. Guilty but mentally ill verdict--Required findings.
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/sd/title-23/chapter-23-26/23a-26-14·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
If the defendant raises the defense of "not guilty and not guilty by reason of insanity," he may be found "guilty but mentally ill" if the trier of fact finds all of the following beyond a reasonable doubt:
(1)The defendant is guilty of an offense; and
(2)The defendant was mentally ill when he committed the offense.