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18 U.S.C. § 17 — Insanity defense

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

18 U.S.C. § 17 — Insanity defense

**(a) Affirmative Defense.—** It is an affirmative defense to a prosecution under any Federal statute that, at the time of the commission of the acts constituting the offense, the defendant, as a result of a severe mental disease or defect, was unable to appreciate the nature and quality or the wrongfulness of his acts. Mental disease or defect does not otherwise constitute a defense. **(b) Burden of Proof.—** The defendant has the burden of proving the defense of insanity by clear and convincing evidence.

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Stable record: federal_law:legal_authorities:record_usc_ca73f56fccfb751ca42efb78
Source file: Laws/federal/codes/united-states-code/title-18/section-17-insanity-defense--8b6d2966c6.md
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Source location: Title 18, Chapter 1, § 17; chapter-001-general-provisions.md

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**(a) Affirmative Defense.—** It is an affirmative defense to a prosecution under any Federal statute that, at the time of the commission of the acts constituting the offense, the defendant, as a result of a severe mental disease or defect, was unable to appreciate the nature and quality or the wrongfulness of his acts. Mental disease or defect does not otherwise constitute a defense. **(b) Burden of Proof.—** The defendant has the burden of proving the defense of insanity by clear and convincing evidence.

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

18 U.S.C. § 20 — Financial institution defined

As used in this title, the term “financial institution” means— (1) an insured depository institution (as defined in section 3(c)(2) of the Federal Deposit Insurance Act); (2) a credit union with accounts insured by the National Credit Union Share Insurance Fund; (3) a Federal home loan bank or a member, as defined in section 2 of the Federal Home Loan Bank Act ([12 U.S.C. 1422](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section1422&num=0&edition=prelim)), of the Federal home loan bank system; (4) a System institution of the Farm Credit System, as defined in section 5.35(3) of the Farm Credit Act of 1971; (5) a small business investment company, as defined in section 103 of the Small Business Investment Act of 1958 ([15 U.S.C. 662](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section662&num=0&edition=prelim)); (6) a depository institution holding company (as defined in section 3(w)(1) of the Federal Deposit Insurance Act; (7) a Federal Reserve bank or a member bank of the Federal Reserve System; (8) an organization operating under section 25 or section 25(a) 11 See References in Text note below. of the Federal Reserve Act; (9) a branch or agency of a foreign bank (as such terms are defined in paragraphs (1) and (3) of section 1(b) of the International Banking Act of 1978); or (10) a mortgage lending business (as defined in [section 27 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section27&num=0&edition=prelim)) or any person or entity that makes in whole or in part a federally related mortgage loan as defined in section 3 of the Real Estate Settlement Procedures Act of 1974.

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

18 U.S.C. § 17 — Insanity defense

Page 17 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 19 the same measuring stick to such offenses as is applied in the adjoining State under future changes of the State law and will make unnecessary periodic pro forma amendments of this section to keep abreast of changes of local laws. In other words, the revised sec- tion makes applicable to offenses committed on such reservations, the law of the place that would govern if the reservation had not been ceded to the United States. The word ‘‘Possession’’ was inserted to clarify scope of section. Minor changes were made in phraseology. Editorial Notes AMENDMENTS 1996—Subsec. (a). Pub. L. 104–132, § 901(b)(1), inserted ‘‘or on, above, or below any portion of the territorial sea of the United States not within the jurisdiction of any State, Commonwealth, territory, possession, or district’’ after ‘‘section 7 of this title,’’. Subsec. (b)(2)(A). Pub. L. 104–294 substituted ‘‘under this title’’ for ‘‘of not more than $1,000’’. Subsec. (c). Pub. L. 104–132, § 901(b)(2), added subsec. (c). 1994—Subsec. (b). Pub. L. 103–322 designated existing provisions as par. (1), substituted ‘‘Subject to para- graph (2) and for purposes’’ for ‘‘For purposes’’, and added par. (2). 1988—Pub. L. 100–690 designated existing provisions as subsec. (a) and added subsec. (b). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1996 AMENDMENT Pub. L. 104–294, title VI, § 604(d), Oct. 11, 1996, 110 Stat. 3509, provided that: ‘‘The amendments made by this section [amending this section, sections 36, 112, 113, 241, 242, 245, 351, 511, 542, 544, 545, 668, 704, 709, 794, 1014, 1030, 1112, 1169, 1512, 1515, 1516, 1751, 1956, 1961, 2114, 2311, 2339A, 2423, 2511, 2512, 2721, 3059A, 3561, 3582, 3592, and 5037 of this title,

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