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Florida Statute 775.027 | Lawyer Caselaw & Research
F.S. 775.027 Case Law from Google Scholar
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Link to State of Florida Official Statute Google Search for Amendments to 775.027

The 2023 Florida Statutes (including Special Session C)

Title XLVI
CRIMES
Chapter 775
GENERAL PENALTIES; REGISTRATION OF CRIMINALS
View Entire Chapter
F.S. 775.027
775.027 Insanity defense.
(1) AFFIRMATIVE DEFENSE.All persons are presumed to be sane. It is an affirmative defense to a criminal prosecution that, at the time of the commission of the acts constituting the offense, the defendant was insane. Insanity is established when:
(a) The defendant had a mental infirmity, disease, or defect; and
(b) Because of this condition, the defendant:
1. Did not know what he or she was doing or its consequences; or
2. Although the defendant knew what he or she was doing and its consequences, the defendant did not know that what he or she was doing was wrong.

Mental infirmity, disease, or defect does not constitute a defense of insanity except as provided in this subsection.

(2) BURDEN OF PROOF.The defendant has the burden of proving the defense of insanity by clear and convincing evidence.
History.s. 1, ch. 2000-315.

F.S. 775.027 on Google Scholar

F.S. 775.027 on Casetext

Amendments to 775.027


Arrestable Offenses / Crimes under Fla. Stat. 775.027
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 775.027.



Annotations, Discussions, Cases:

Cases from cite.case.law:

K. KAHLER, v. KANSAS, 140 S. Ct. 1021 (U.S. 2020)

. . . . § 775.027 (2018). . . .

STATE v. JACKSON,, 204 So.3d 958 (Fla. Dist. Ct. App. 2016)

. . . defendant either to not know what he or she was doing or to not understand that the conduct was wrong, § 775.027 . . .

HARRIMAN, v. STATE, 174 So. 3d 1044 (Fla. Dist. Ct. App. 2015)

. . . See § 775.027(2), Fla. . . .

RODRIGUEZ, v. STATE, 172 So. 3d 540 (Fla. Dist. Ct. App. 2015)

. . . Effective June 19, 2000, the M’Naghten Rule was codified in section 775.027, Florida Statutes, which . . . Section 775.027 also transferred the burden of proving insanity to the defendant. See id. . . . (Crim.) 3.6(b) (citing § 775.027, Fla. Stat.). . . . See § 775.027(1), Fla. Stat. (2009). . . . clear and convincing evidence. § 775.027, Fla. . . .

DUDLEY, III, v. STATE, 139 So. 3d 273 (Fla. 2014)

. . . . § 775.027, Fla. Stat. (2013). . . . For example, the definition of “insanity” set forth in section 775.027 uses the verb “know” to describe . . . responsibility, with the burden on the defendant to prove the defense by clear and convincing evidence. § 775.027 . . .

HERNANDEZ, v. STATE, 117 So. 3d 778 (Fla. Dist. Ct. App. 2013)

. . . . § 775.027(1), Fla. Stat. (2004). . . .

COTTO, v. STATE, 89 So. 3d 1025 (Fla. Dist. Ct. App. 2012)

. . . governing standard in Florida for the affirmative defense of insanity, and which is codified in section 775.027 . . .

WIMBERLY, v. STATE, 118 So. 3d 816 (Fla. Dist. Ct. App. 2012)

. . . court erred in: (1) denying her motion to declare unconstitutional, as applied to juveniles, section 775.027 . . .

DEL VALLE, v. STATE, 80 So. 3d 999 (Fla. 2011)

. . . See § 775.027, Fla. . . . See § 775.027(2), Fla. . . .

M. BROWN, v. STATE, 994 So. 2d 480 (Fla. Dist. Ct. App. 2008)

. . . . § 775.027(1), Fla. Stat. (2006) (emphasis added). See also Fla. Std. Jury Instr. . . .

STATE v. ROGERS,, 955 So. 2d 1213 (Fla. Dist. Ct. App. 2007)

. . . Under section 775.027(2), Florida Statutes (2000), the burden of proving the defense of insanity is on . . . Section 775.027(2), which became effective in 2000, changed the burden of proof for the defense of insanity . . . Florida Standard Criminal Jury Instruction 3.6(a) conforms to section 775.027(2). Yohn v. . . .

CODAY, v. STATE, 946 So. 2d 988 (Fla. 2006)

. . . . § 775.027, Fla. Stat. (2005). . . . .

In STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES NO., 939 So. 2d 1052 (Fla. 2006)

. . . See ch. 99-174, Laws of Fla, In 2000, the Legislature enacted section 775.027, Florida Statutes, which . . . the “defendant has the burden of proving the defense of insanity by clear and convincing evidence.” § 775.027 . . . or she was doing or its consequences” or unable to “know that what he or she was doing was wrong.” § 775.027 . . . See section 775.027, Florida Statutes. . . .

CLARK v. ARIZONA, 548 U.S. 735 (U.S. 2006)

. . . . §775.027 (2003); Iowa Code §701.4 (2005); Minn. Stat. §611.026 (2004); Stevens v. . . .