Section 12.47.010. Insanity as affirmative defense.

   (a) In a prosecution for a crime, it is an affirmative defense that when the defendant engaged in the criminal conduct, the defendant was unable, as a result of a mental disease or defect, to appreciate the nature and quality of that conduct.
   (b) The affirmative defense defined in (a) of this section may not be raised at trial unless the defendant, within 10 days of entering a plea or such later time as the court may for good cause permit, files a written notice of intent to rely on the defense.
   (c) Evidence of a mental disease or defect that is manifested only by repeated criminal or other antisocial conduct is not sufficient to establish the affirmative defense under (a) of this section.
   (d) The affirmative defense specified in (a) of this section is the affirmative defense of insanity.  A defendant who successfully raises the affirmative defense of insanity shall be found not guilty by reason of insanity and the verdict shall so state.

Authorities

12.47.020;12.47.040;12.47.070;12.47.090;12.47.100;26.05.560

Notes

References

AS 12.47.020 Mental disease or defect negating culpable mental state.
AS 12.47.040 Form of verdict in certain cases involving insanity or mental disease or defect.
AS 12.47.070 Psychiatric examination.
AS 12.47.090 Procedure after raising defense of insanity.
AS 12.47.100 Incompetency to proceed.
AS 26.05.560 Defense of insanity.

History

(Sec. 22 ch 143 SLA 1982)