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2020 Georgia Code
Title 38 - Military, Emergency Management, and Veterans Affairs
Chapter 2 - Military Affairs
Article 5 - Code of Military Justice
Part 7 - Trial Procedures
§ 38-2-1050.1. Defense of Mental Disease or Defect
Universal Citation: GA Code § 38-2-1050.1 (2020)
- It shall be 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 a severe mental disease or defect, was unable to appreciate the nature and quality or the wrongfulness of his or her acts. Mental disease or defect shall not otherwise constitute a defense.
- The accused has the burden of proving the defense as provided for by subsection (a) of this Code section by clear and convincing evidence.
- Whenever lack of mental responsibility of the accused with respect to an offense is properly at issue, the military judge shall follow the procedures set forth in Code Section 17-7-131.
(Code 1981, §38-2-1050.1, enacted by Ga. L. 2015, p. 753, § 1/HB 98.)
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