Legislation

Search OpenLegislation Statutes
This entry was published on 2014-09-22
The selection dates indicate all change milestones for the entire volume, not just the location being viewed. Specifying a milestone date will retrieve the most recent version of the location before that date.
SECTION 40.15
Mental disease or defect
Penal (PEN) CHAPTER 40, PART 1, TITLE C, ARTICLE 40
§ 40.15 Mental disease or defect.

In any prosecution for an offense, it is an affirmative defense that
when the defendant engaged in the proscribed conduct, he lacked criminal
responsibility by reason of mental disease or defect. Such lack of
criminal responsibility means that at the time of such conduct, as a
result of mental disease or defect, he lacked substantial capacity to
know or appreciate either:

1. The nature and consequences of such conduct; or

2. That such conduct was wrong.