Insanity as affirmative defense--Burden of proof.

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22-5-10. Insanity as affirmative defense--Burden of proof.

Insanity is an affirmative defense to a prosecution for any criminal offense. Mental disease or defect does not otherwise constitute a defense. The defendant has the burden of proving the defense of insanity by clear and convincing evidence.

Source: SL 1985, ch 192, §11.


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