Florida Statutes
Fla. Stat. § 775.027 (2025)
Insanity defense.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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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.
Notes of Decisions
Cited in 34
cases (15 in the last 5 years), 2005–2026 · leading case: Del Valle v. State, 80 So. 3d 999 (Fla. 2011).
Del Valle v. State, 80 So. 3d 999 (Fla. 2011). “See § 775.027, Fla. Stat. (2011) ("The defendant has the burden of proving the defense of insanity by clear and convincing evidence.”
Clark v. Arizona, 548 U.S. 735 (2006). “Code §35–41–3–6(b) (West 2004) (excluding from definition of “mental disease or defect” “abnormality manifested only by repeated unlawful or antisocial conduct”).”
Gilbert Dudley, III v. State of Florida, 139 So. 3d 273 (Fla. 2014). “§ 775.027, Fla. Stat. (2013). By contrast, the term “mentally defective” in the sexual battery statute is defined as “a mental disease or defect which renders a person temporarily or permanently incapable of appraising the nature of his or her conduct.”
Damion Hayes v. Sec'y, Florida Dep't of Corr., 10 F.4th 1203 (11th Cir. 2021). “We now conduct the required prejudice analysis. 15 USCA11 Case: 19-10856 Date Filed: 08/25/2021 Page: 16 of 48 B In 2000, the Florida Legislature enacted a statute setting out the requirements for the insanity defense in criminal cases.”
Rodriguez v. State, 172 So. 3d 540 (Fla. 5th DCA 2015). “§ 775.027, Fla. Stat. (2009). Pursuant to section 775.”
Coday v. State, 946 So. 2d 988 (Fla. 2006). “Did not know what he or she was doing or its consequences; or 2.”
In Re Stand. Jury Instructions in Crim. Cases (No. 2005-5)., 939 So. 2d 1052 (Fla. 2006). “In 2000, the Legislature enacted section 775.027, Florida Statutes, which became law on June 19, 2000.”
Kahler v. Kansas, 140 S. Ct. 1021 (2020). “" Fla. Stat. § 775.027 (2018). Iowa "A person shall not be convicted of a crime if at the time the crime is committed the person suffers from such a diseased or deranged condition of the mind as to render the person incapable of knowing the nature and quality of the act the…”
Hernandez v. State, 117 So. 3d 778 (Fla. 3d DCA 2013). “…the defendant had a mental infirmity that prevented him from understanding that his actions were morally wrong. § 775.027(1), Fla. Stat. (2004).”
Wimberly v. State, 118 So. 3d 816 (Fla. 4th DCA 2012). “She argues that the trial court erred in: (1) denying her motion to declare unconstitutional, as applied to juveniles, section 775.027, Florida Statutes (2008), which defines the standard for the determination of insanity; (2) denying her motion to disallow the state’s…”
Brown v. State, 994 So. 2d 480 (Fla. 1st DCA 2008). “§ 775.027(1), Fla. Stat. (2006) (emphasis added).”
Harriman v. State, 174 So. 3d 1044 (Fla. 1st DCA 2015). “See § 775.027(2), Fla. Stat. (2014) ("The defendant has the burden of proving the defense of insanity by clear and convincing evidence.”
— 775.027(1) — 11 cases
Hernandez v. State, 117 So. 3d 778 (Fla. 3d DCA 2013). “…the defendant had a mental infirmity that prevented him from understanding that his actions were morally wrong. § 775.027(1), Fla. Stat. (2004).”
Brown v. State, 994 So. 2d 480 (Fla. 1st DCA 2008). “§ 775.027(1), Fla. Stat. (2006) (emphasis added).”
In Re Stand. Jury Instructions in Crim. Cases (No. 2005-5)., 939 So. 2d 1052 (Fla. 2006). “In 2000, the Legislature enacted section 775.027, Florida Statutes, which became law on June 19, 2000.”
Rodriguez v. State, 172 So. 3d 540 (Fla. 5th DCA 2015). “§ 775.027, Fla. Stat. (2009). Pursuant to section 775.”
Reynolds v. State of Florida & Dep't of Child. & Families (Fla. 5th DCA 2024).
— 775.027(1)(b)(2) — 1 case
Coffer v. Sec'y, Dep't of Corr. (Polk Cnty.) (M.D. Fla. 2025).
— 775.027(2) — 8 cases
Del Valle v. State, 80 So. 3d 999 (Fla. 2011). “See § 775.027, Fla. Stat. (2011) ("The defendant has the burden of proving the defense of insanity by clear and convincing evidence.”
Gilbert Dudley, III v. State of Florida, 139 So. 3d 273 (Fla. 2014). “§ 775.027, Fla. Stat. (2013). By contrast, the term “mentally defective” in the sexual battery statute is defined as “a mental disease or defect which renders a person temporarily or permanently incapable of appraising the nature of his or her conduct.”
Harriman v. State, 174 So. 3d 1044 (Fla. 1st DCA 2015). “See § 775.027(2), Fla. Stat. (2014) ("The defendant has the burden of proving the defense of insanity by clear and convincing evidence.”
In Re Stand. Jury Instructions in Crim. Cases (No. 2005-5)., 939 So. 2d 1052 (Fla. 2006). “In 2000, the Legislature enacted section 775.027, Florida Statutes, which became law on June 19, 2000.”
State v. Rogers, 955 So. 2d 1213 (Fla. 4th DCA 2007).
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