552.015. Evidence of mental disease or defect, admissible, when. — 1. Evidence that the defendant did or did not suffer mental disease or defect shall not be admissible in a criminal prosecution except as provided in this section.
2. Evidence that the defendant did or did not suffer from a mental disease or defect shall be admissible in a criminal proceeding:
(1) To determine whether the defendant lacks capacity to understand the proceedings against him or to assist in his own defense as provided in section 552.020;
(2) To determine whether the defendant is criminally responsible as provided in section 552.030;
(3) To determine whether a person committed to the director of the department of mental health pursuant to this chapter shall be released as provided in section 552.040;
(4) To determine if a person in the custody of any correctional institution needs care in a mental hospital as provided in section 552.050;
(5) To determine whether a person condemned to death shall be executed as provided in sections 552.060 and 552.070;
(6) To determine whether or not the defendant, if found guilty, should be sentenced to death as provided in chapter 558;
(7) To determine the appropriate disposition of a defendant, if guilty, as provided in sections 557.011 and 557.031;
(8) To prove that the defendant did or did not have a state of mind which is an element of the offense;
(9) To determine if the defendant, if found not guilty by reason of mental disease or defect, should be immediately conditionally released by the court under the provisions of section 552.040 to the community or committed to a mental health or developmental disability facility. This question shall not be asked regarding defendants charged with any of the dangerous felonies as defined in section 556.061, or with those crimes set forth in subsection 11* of section 552.040, or the attempts thereof.
Notes of Decisions
Cited in
14
cases (
3 in the last 5 years), 1990–2025 · leading case:
Vaca v. State, 314 S.W.3d 331 (Mo. 2010).
Vaca v. State, 314 S.W.3d 331 (Mo. 2010).
· cites it 8× “In addition, the assumption that this mental health evidence would have been admissible at the penalty phase fails to consider § 552.015, RSMo 2000, § 557.036.3, RSMo Supp.”
State v. Boyd, 143 S.W.3d 36 (Mo. Ct. App. 2004).
· cites it 8× “If the evidence was not being offered as expert testimony diagnosing defendant to have a mental disease or defect excluding responsibility for committing one or more elements of the crime, including absence of the appropriate mental state, it is inadmissible under § 552.015.…”
State v. Clements, 789 S.W.2d 101 (Mo. Ct. App. 1990).
· cites it 4× “Section 552.015 in relevant part provides: "2.”
Wilkins v. State, 802 S.W.2d 491 (Mo. 1991).
· cites it 2× “Logan, privileged under §§ 552.015, 211.321, and 552.015, RSMo 1986.”
State v. Miller, 220 S.W.3d 862 (Mo. Ct. App. 2007).
· cites it 2× “Section 552.015 governs the admission of evidence of mental disease or defect and states: *865 1.”
State v. Bell, 798 S.W.2d 481 (Mo. Ct. App. 1990).
· cites it 3× “That the provisions of § 552.015 include the following: “2. Evidence that the defendant did or did not suffer from a mental disease or defect shall be admissible in a criminal proceeding: .”
Smith v. State, 784 S.W.2d 855 (Mo. Ct. App. 1990).
· cites it 2× “Section 552.015, R.S.Mo., 1986 provides that evidence that the defendant did or did not suffer from a mental disease or defect *858 shall be admissible in a criminal proceeding “(8) To prove that the defendant did or did not have a state of mind which is an element of the…”
State v. Davidson, 941 S.W.2d 732 (Mo. Ct. App. 1997).
“If the evidence was not being offered as expert testimony diagnosing defendant to have a mental disease or defect excluding responsibility for committing one or more elements of the crime, including absence of the appropriate mental state, it is inadmissible under § 552.015.…”
Roll v. Bowersox, 16 F. Supp. 2d 1066 (W.D. Mo. 1998).
“Petitioner asserts that evidence of voluntary intoxication would have been admissible to demonstrate that petitioner was unable to deliberate at the time of the murder because deliberation, though an element of the crime of murder, is not a mental state for purposes of §…”
State v. Jones, 919 S.W.2d 12 (Mo. Ct. App. 1996).
· cites it 2× “§ 552.015(8), RSMo 1986. Section 552.010, RSMo 1986, defines mental disease or defect to include congenital and traumatic mental conditions as well as disease.”
— Mo. Rev. Stat. § 552.015(8) — 1 case
State v. Jones, 919 S.W.2d 12 (Mo. Ct. App. 1996).
“§ 552.015(8), RSMo 1986. Section 552.010, RSMo 1986, defines mental disease or defect to include congenital and traumatic mental conditions as well as disease.”
— Mo. Rev. Stat. § 552.015(a) — 1 case
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