Section 12.47.030. Guilty but mentally ill.

   (a) A defendant is guilty but mentally ill if, when the defendant engaged in the criminal conduct, the defendant lacked, as a result of a mental disease or defect, the substantial capacity either to appreciate the wrongfulness of that conduct or to conform that conduct to the requirements of law.  A defendant found guilty but mentally ill is not relieved of criminal responsibility for criminal conduct and is subject to the provisions of AS 12.47.050.
   (b) Evidence of a mental disease or defect that is manifested only by repeated criminal or antisocial conduct is not sufficient to establish that the defendant was guilty but mentally ill under (a) of this section.

Authorities

12.47.020;12.47.040;12.47.060

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 12.47.060 Post conviction determination of mental illness.

History

(Sec. 22 ch 143 SLA 1982; am Sec. 43 ch 6 SLA 1984)