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- Alaska Statutes.
- Title 12. Code of Criminal Procedure
- Chapter 47. Insanity and Competency to Stand Trial
- Section 20. Mental Disease or Defect Negating Culpable Mental State.
previous: Section 10
. Insanity as Affirmative Defense.
next: Section 30
. Guilty But Mentally Ill.
AS 12.47.020. Mental Disease or Defect Negating Culpable Mental State.
- (a) Evidence that the defendant suffered from a mental disease or defect is admissible whenever it is relevant to prove
that the defendant did or did not have a culpable mental state which is an element of the crime. However, evidence of
mental disease or defect that tends to negate a culpable mental state is not admissible unless the defendant, within 10
days of entering a plea, or at such later time as the court may for good cause permit, files a written notice of intent
to rely on that defense.
- (b) When the trier of fact finds that all other elements of the crime have been proved but, as a result of mental disease
or defect, there is a reasonable doubt as to the existence of a culpable mental state that is an element of the crime,
it shall enter a verdict of not guilty by reason of insanity. A defendant acquitted under this subsection, and not
found guilty of a lesser included offense, shall automatically be considered to have established the affirmative
defense of insanity under AS 12.47.010
. The defendant is then subject to the provisions of AS 12.47.090
- (c) If a verdict of not guilty by reason of insanity is reached under (b) of this section, the trier of fact shall also
consider whether the defendant is guilty of any lesser included offense. If the defendant is convicted of a lesser
included offense, the defendant shall be sentenced for that offense and shall automatically be considered guilty but
mentally ill under AS 12.47.030
and 12.47.050. Upon completion of a sentence for a
lesser included offense, a hearing shall be held under AS 12.47.090
(c) to determine the necessity of further commitment of the defendant, based on the acquittal for the greater charge
under (b) of this section. If the defendant is committed under AS 12.47.090
(c), the defendant is subject to the provisions of AS 12.47.090
(d) - (i) and (k).
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