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- Alaska Statutes.
- Title 12. Code of Criminal Procedure
- Chapter 47. Insanity and Competency to Stand Trial
- Section 10. Insanity as Affirmative Defense.
previous: Chapter 47. Insanity and Competency to Stand Trial
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AS 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.
Note to HTML Version:
This version of the Alaska Statutes is current through December, 2004. The Alaska Statutes were automatically converted to HTML from a plain text format. Every effort
has been made to ensure their accuracy, but this can not be guaranteed. If it is critical that the precise terms of the Alaska Statutes be known, it is recommended that more formal sources be consulted. For statutes adopted after the effective date of these statutes, see, Alaska State Legislature
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Last modified 9/3/2005