(1) The applicable test of insanity shall be, and the jury shall be so instructed: "A person who is so diseased or defective in mind at the time of the commission of the act as to be incapable of distinguishing right from wrong with respect to that act is not accountable. But care should be taken not to confuse such mental disease or defect with moral obliquity, mental depravity, or passion growing out of anger, revenge, hatred, or other motives, and kindred evil conditions, for when the act is induced by any of these causes the person is accountable to the law.".
The term "diseased or defective in mind", as used in subsection (1) of this section,does not refer to an abnormality manifested only by repeated criminal or otherwise antisocial conduct.
This section shall apply to offenses committed before July 1, 1995.
Source: L. 72: R&RE, p. 225, § 1. C.R.S. 1963: § 39-8-101. L. 83: Entire section amended, p. 672, § 1, effective July 1. L. 84: (1) amended, p. 490, § 1, effective February 6. L. 95: (3) added, p. 71, § 1, effective July 1.