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, section 802 of Title 21, Food and Drugs, sections 540A and 991 of Title 28, Judiciary and Judicial Procedure, and sections 3631, 5633, 10604, and 14011 of Title 42, The Public Health and Welfare, and amending provisions set out as notes under sections 1001, 1169, and 2325 of this title and section 994 of Title 28] shall take effect on the date of enactment of Public Law 103–322 [Sept. 13, 1994].’’ Executive Documents TERRITORIAL SEA OF UNITED STATES For extension of territorial sea of United States, see Proc. No. 5928, set out as a note under section 1331 of Title 43, Public Lands. [§ 14. Repealed. Pub. L. 107–273, div. B, title IV, § 4004(a), Nov. 2, 2002, 116 Stat. 1812] Section, act June 25, 1948, ch. 645, 62 Stat. 686; Aug. 5, 1953, ch. 325, 67 Stat. 366; Pub. L. 87–845, § 3(a), Oct. 18, 1962, 76A Stat. 698; Pub. L. 90–357, § 59, June 22, 1968, 82 Stat. 248; Pub. L. 101–647, title XXXV, § 3519(c), Nov. 29, 1990, 104 Stat. 4923; Pub. L. 103–322, title XXXIII, § 330010(9), Sept. 13, 1994, 108 Stat. 2143, listed Title 18 sections applicable to and within Canal Zone. § 15. Obligation or other security of foreign gov- ernment defined The term ‘‘obligation or other security of any foreign government’’ includes, but is not limited to, uncanceled stamps, whether or not demone- tized. (Added Pub. L. 85–921, § 3, Sept. 2, 1958, 72 Stat. 1771.) § 16. Crime of violence defined The term ‘‘crime of violence’’ means— (a) an offense that has as an element the use, attempted use, or threatened use of physical force against the person or property of an- other, or (b) any other offense that is a felony and that, by its nature, involves a substantial risk that physical force against the person or prop- erty of another may be used in the course of committing the offense. (Added Pub. L. 98–473, title II, § 1001(a), Oct. 12, 1984, 98 Stat. 2136.) Editorial Notes CONSTITUTIONALITY For information regarding the constitutionality of this section, as added by section 1001(a) of Pub. L. 98–473, see the Table of Laws Held Unconstitutional in Whole or in Part by the Supreme Court on the Con- stitution Annotated website, constitution.congress.gov. § 17. Insanity defense (a) AFFIRMATIVE DEFENSE.—It is an affirma- tive 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 de- fense. (b) BURDEN OF PROOF.—The defendant has the burden of proving the defense of insanity by clear and convincing evidence. (Added Pub. L. 98–473, title II, § 402(a), Oct. 12, 1984, 98 Stat. 2057, § 20; renumbered § 17, Pub. L. 99–646, § 34(a), Nov. 10, 1986, 100 Stat. 3599.) § 18. Organization defined As used in this title, the term ‘‘organization’’ means a person other than an individual. (Added Pub. L. 99–646, § 38(a), Nov. 10, 1986, 100 Stat. 3599; amended Pub. L. 100–185, § 4(c), Dec. 11, 1987, 101 Stat. 1279; Pub. L. 100–690, title VII, § 7012, Nov. 18, 1988, 102 Stat. 4395.) Editorial Notes AMENDMENTS 1988—Pub. L. 100–690 made technical correction of di- rectory language of Pub. L. 99–646, § 38(a), similar to that made by Pub. L. 100–185. 1987—Pub. L. 100–185 made technical correction in di- rectory language of Pub. L. 99–646, § 38(a). § 19. Petty offense defined As used in this title, the term ‘‘petty offense’’ means a Class B misdemeanor, a Class C mis- demeanor, or an infraction, for which the max- imum fine is no greater than the amount set forth for such an offense in section 3571(b)(6) or (7) in the case of an individual or section 3571(c)(6) or (7) in the case of an organization. (Added Pub. L. 100–185, § 4(a), Dec. 11, 1987, 101 Stat. 1279; amended Pub. L. 100–690, title VII, § 7089(a), Nov. 18, 1988, 102 Stat. 4409.)