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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.
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Chapter 47. Insanity and Competency to Stand Trial
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Section 20. Mental Disease or Defect Negating Culpable Mental State.
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.
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