2015 US Code
Title 18 - Crimes and Criminal Procedure (Sections 1 - 6005)
Part III - Prisons and Prisoners (Sections 4001 - 4353)
Chapter 313 - Offenders With Mental Disease or Defect (Sections 4241 - 4248)
Sec. 4242 - Determination of the existence of insanity at the time of the offense

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Publication TitleUnited States Code, 2012 Edition, Supplement 3, Title 18 - CRIMES AND CRIMINAL PROCEDURE
CategoryBills and Statutes
CollectionUnited States Code
SuDoc Class NumberY 1.2/5:
Contained WithinTitle 18 - CRIMES AND CRIMINAL PROCEDURE
PART III - PRISONS AND PRISONERS
CHAPTER 313 - OFFENDERS WITH MENTAL DISEASE OR DEFECT
Sec. 4242 - Determination of the existence of insanity at the time of the offense
Containssection 4242
Date2015
Laws In Effect As Of DateJanuary 3, 2016
Positive LawYes
Dispositionstandard
Source CreditJune 25, 1948, ch. 645, 62 Stat. 855; Pub. L. 98-473, title II, §403(a), Oct. 12, 1984, 98 Stat. 2059.
Statutes at Large References46 Stat. 272
62 Stat. 855
98 Stat. 2059
Public and Private LawsPublic Law 98-473

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18 U.S.C. § 4242 (2015)
§4242. Determination of the existence of insanity at the time of the offense

(a) Motion for Pretrial Psychiatric or Psychological Examination.—Upon the filing of a notice, as provided in Rule 12.2 of the Federal Rules of Criminal Procedure, that the defendant intends to rely on the defense of insanity, the court, upon motion of the attorney for the Government, shall order that a psychiatric or psychological examination of the defendant be conducted, and that a psychiatric or psychological report be filed with the court, pursuant to the provisions of section 4247(b) and (c).

(b) Special Verdict.—If the issue of insanity is raised by notice as provided in Rule 12.2 of the Federal Rules of Criminal Procedure on motion of the defendant or of the attorney for the Government, or on the court's own motion, the jury shall be instructed to find, or, in the event of a nonjury trial, the court shall find the defendant—

(1) guilty;

(2) not guilty; or

(3) not guilty only by reason of insanity.

(June 25, 1948, ch. 645, 62 Stat. 855; Pub. L. 98–473, title II, §403(a), Oct. 12, 1984, 98 Stat. 2059.)

HISTORICAL AND REVISION NOTES

Based on title 18, U.S.C., 1940 ed., §877 (May 13, 1930, ch. 254, §7, 46 Stat. 272).

Minor change was made in phraseology.

AMENDMENTS

1984—Pub. L. 98–473 amended section generally, substituting "Determination of the existence of insanity at the time of the offense" for "Retransfer upon recovery" in section catchline, and substituting provisions relating to motion for pretrial psychiatric or psychological examination, and special verdict, for provisions relating to retransfer to a penal or correctional institution upon recovery of an inmate of the United States hospital for defective delinquents.

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