TITLE 38
MILITARY, EMERGENCY MANAGEMENT, AND VETERANS AFFAIRS
ARTICLE 5
CODE OF MILITARY JUSTICE
38-2-1050.1. Defense of mental disease or defect.
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It shall be an affirmative defense in a trial by court-martial that, at the time of the commission of the acts constituting the offense, the accused, as a result of a severe mental disease or defect, was unable to appreciate the nature and quality or the wrongfulness of his or her acts. Mental disease or defect shall not otherwise constitute a defense.
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The accused has the burden of proving the defense as provided for by subsection (a) of this Code section by clear and convincing evidence.
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Whenever lack of mental responsibility of the accused with respect to an offense is properly at issue, the military judge shall follow the procedures set forth in Code Section 17-7-131.
(Code 1981, §38-2-1050.1, enacted by Ga. L. 2015, p. 753, § 1/HB 98.)