2015 Kentucky Revised Statutes
CHAPTER 35 - MILITARY JUSTICE
35.252 Defense of lack of mental responsibility.
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<![CDATA[35.252 Defense of lack of mental responsibility.
(1)
(2)
(3)
(4)
(5)
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.
The accused has the burden of proving the defense of lack of mental responsibility
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 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.
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.
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.
Effective: June 25, 2013
History: Created 2013 Ky. Acts ch. 32, sec. 52, effective June 25, 2013.
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