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10 U.S.C. § 850a — Art. 50a. Defense of lack of mental responsibility

Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 850a — Art. 50a. Defense of lack of mental responsibility

**(a)** 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 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. **(b)** The accused has the burden of proving the defense of lack of mental responsibility by clear and convincing evidence. **(c)** 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— (1) guilty; (2) not guilty; or (3) not guilty only by reason of lack of mental responsibility. **(d)** Subsection (c) 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— (1) guilty; (2) not guilty; or (3) not guilty only by reason of lack of mental responsibility. **(e)** Notwithstanding the provisions of [section 852 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section852&num=0&edition=prelim) (article 52), the accused shall be found not guilty only by reason of lack of mental responsibility if— (1) 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 (2) in the case of a court-martial composed of a military judge only, the military judge det

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Source file: Laws/federal/codes/united-states-code/title-10/section-850a-art-50a-defense-of-lack-of-mental-responsibility--77027287cc.md
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Source location: Title 10, Chapter 47, § 850a; chapter-047-uniform-code-of-military-justice.md

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**(a)** 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 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. **(b)** The accused has the burden of proving the defense of lack of mental responsibility by clear and convincing evidence. **(c)** 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— (1) guilty; (2) not guilty; or (3) not guilty only by reason of lack of mental responsibility. **(d)** Subsection (c) 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— (1) guilty; (2) not guilty; or (3) not guilty only by reason of lack of mental responsibility. **(e)** Notwithstanding the provisions of [section 852 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section852&num=0&edition=prelim) (article 52), the accused shall be found not guilty only by reason of lack of mental responsibility if— (1) 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 (2) 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.

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 801 — Article 1. Definitions

In this chapter (the Uniform Code of Military Justice): (1) The term “Judge Advocate General” means, severally, the Judge Advocates General of the Army, Navy, and Air Force and, except when the Coast Guard is operating as a service in the Navy, an official designated to serve as Judge Advocate General of the Coast Guard by the Secretary of Homeland Security. (2) The Navy, the Marine Corps, and the Coast Guard when it is operating as a service in the Navy, shall be considered as one armed force. (3) The term “commanding officer” includes only commissioned officers. (4) The term “officer in charge” means a member of the Navy, the Marine Corps, or the Coast Guard designated as such by appropriate authority. (5) The term “superior commissioned officer” means a commissioned officer superior in rank or command. (6) The term “cadet” means a cadet of the United States Military Academy, the United States Air Force Academy, or the United States Coast Guard Academy. (7) The term “midshipman” means a midshipman of the United States Naval Academy and any other midshipman on active duty in the naval service. (8) The term “military” refers to any or all of the armed forces. (9) The term “accuser” means a person who signs and swears to charges, any person who directs that charges nominally be signed and sworn to by another, and any other person who has an interest other than an official interest in the prosecution of the accused. (10) The term “military judge” means a judge advocate designated under [section 826(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section826/c&num=0&edition=prelim) (article 26(c)) who is detailed under section 826(a) or [section 830a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 852 — Art. 52. Votes required for conviction, sentencing, and other matters

**(a) In General.—** No person may be convicted of an offense in a general or special court-martial, other than— (1) after a plea of guilty under [section 845(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section845/b&num=0&edition=prelim) (article 45(b)); (2) by a military judge in a court-martial with a military judge alone, under [section 816 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section816&num=0&edition=prelim) (article 16); or (3) in a court-martial with members under [section 816 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section816&num=0&edition=prelim) (article 16), by the concurrence of at least three-fourths of the members present when the vote is taken. **(b) Level of Concurrence Required.—** (1) **In general.—** — Except as provided in subsection (a) and in paragraph (2), all matters to be decided by members of a general or special court-martial shall be determined by a majority vote, but a reconsideration of a finding of guilty or reconsideration of a sentence, with a view toward decreasing the sentence, may be made by any lesser vote which indicates that the reconsideration is not opposed by the number of votes required for that finding or sentence. (2) **Sentencing.—** — A sentence of death requires (A) a unanimous finding of guilty of an offense in this chapter expressly made punishable by death and (B) a unanimous determination by the members that the sentence for that offense shall include death. All other sentences imposed by members shall be determined by the concurrence of at least three-fourths of the members present when the vote is taken.

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 802 — Art. 2. Persons subject to this chapter

**(a)** The following persons are subject to this chapter: (1) Members of a regular component of the armed forces, and members of the Space Force on active duty under [section 20105 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section20105&num=0&edition=prelim), including those awaiting discharge after expiration of their terms of enlistment; volunteers from the time of their muster or acceptance into the armed forces; inductees from the time of their actual induction into the armed forces; and other persons lawfully called or ordered into, or to duty in or for training in, the armed forces, from the dates when they are required by the terms of the call or order to obey it. (2) Cadets, aviation cadets, and midshipmen. (3) (A) While on inactive-duty training and during any of the periods specified in subparagraph (B)— (i) members of a reserve component or the Space Force; and (ii) members of the Army National Guard of the United States or the Air National Guard of the United States, but only when in Federal service. (B) The periods referred to in subparagraph (A) are the following: (i) Travel to and from the inactive-duty training site of the member, pursuant to orders or regulations. (ii) Intervals between consecutive periods of inactive-duty training on the same day, pursuant to orders or regulations. (iii) Intervals between inactive-duty training on consecutive days, pursuant to orders or regulations. (4) Retired members of a regular component of the armed forces who are entitled to pay. (5) Retired members of a reserve component, or retired members of the Space Force who qualified for a non-regular retirement and are receiving retired pay, who are receiving hospitalization from an armed force.

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 850a — Art. 50a. Defense of lack of mental respon-

Page 766 TITLE 10—ARMED FORCES § 850 2006—Subsec. (d)(1). Pub. L. 109–163 struck out ‘‘Terri- tory,’’ after ‘‘State,’’. 1983—Subsecs. (d), (f). Pub. L. 98–209 inserted ‘‘or, in the case of audiotape, videotape, or similar material, may be played in evidence’’ after ‘‘read in evidence’’. 1968—Subsec. (a). Pub. L. 90–632 inserted reference to the taking of depositions being forbidden by the mili- tary judge or the court-martial without a military judge if the case is being heard. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2016 AMENDMENT Amendment by Pub. L. 114–328 effective on Jan. 1, 2019, as designated by the President, with imple- menting regulations and provisions relating to applica- bility to various situations, see section 5542 of Pub. L. 114–328 and Ex. Ord. No. 13825, set out as notes under section 801 of this title. EFFECTIVE DATE OF 1983 AMENDMENT Amendment by Pub. L. 98–209 effective on first day of eighth calendar month beginning after Dec. 6, 1983, but not to apply to any case in which the findings and sen- tence were adjudged by a court-martial before that date, and the proceedings in any such case to be held in the same manner and with the same effect as if such amendments had not been enacted, see section 12(a)(1), (4) of Pub. L. 98–209, set out as a note under section 801 of this title. EFFECTIVE DATE OF 1968 AMENDMENT Amendment by Pub. L. 90–632 effective first day of tenth month following October 1968, see section 4 of Pub. L. 90–632, set out as a note under section 801 of this title. § 850. Art. 50. Admissibility of sworn testimony from records of courts of inquiry (a) USE AS EVIDENCE BY ANY PARTY.—In any case not capital and not extending to the dis- missal of a commissioned officer, the sworn tes- timony

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