Federal · Title 10 — Armed Forces

10 U.S.C. § 949k: Defense of lack of mental responsibility

Civil

What this law says, in plain English

This statute defines the affirmative defense of lack of mental responsibility in military commission trials, requiring the accused to prove by clear and convincing evidence that severe mental disease prevented them from understanding their acts' nature or wrongfulness.

Read the full statutory text

It is an affirmative defense in a trial by military commission under this chapter 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 the acts. Mental disease or defect does not otherwise constitute a defense. The accused in a military commission under this chapter has the burden of proving the defense of lack of mental responsibility by clear and convincing evidence. guilty; not guilty; or subject to subsection (d), not guilty by reason of lack of mental responsibility. The accused shall be found not guilty by reason of lack of mental responsibility under subsection (c)(3) only if a majority of the members present at the time the vote is taken determines that the defense of lack of mental responsibility has been established.

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This page is legal information, not legal advice. Code text is sourced from official publications and may lag amendments — always confirm at the official source linked above. Plain-English summaries and relationship data are AI-derived and reviewed on an ongoing basis; verify with a licensed attorney before acting.