Insanity Definition Texas Penal Code
Insanity is included in the general defenses to criminal responsibility under texas law.
Insanity definition texas penal code. The state has abolished the insanity defense but guilty but mentally ill verdicts are allowed. The texas penal code 8 01 states that it is an affirmative defense to prosecution that an alleged offender at the time of the conduct charged did not know that his or her conduct was wrong as the result of severe mental disease or defect. The state uses the model penal code rule. The burden of proof is on the defendant.
Inside the insanity defense among. The state uses the model penal code rule. Read the code on findlaw. Chapter 8 general defenses to criminal responsibility.
A a person acquitted by reason of insanity may not be committed to a mental hospital or other inpatient or residential care facility or ordered to receive outpatient or community based treatment and supervision under subchapter f for a cumulative period that exceeds the maximum term provided by law for the offense for which the acquitted person was tried. The state uses the. The model penal code presents a distinct formulation of the insanity defense. Title 2 general principles of criminal responsibility.
Insanity on westlaw findlaw codes are provided courtesy of thomson reuters westlaw the industry leading online legal research system. Under this test an individual is not liable for criminal offenses if when he or she committed the crime or crimes the individual suffered from a mental disease or defect that resulted in the individual lacking the substantial capacity to appreciate the wrongfulness of.