Tex. Codes » Penal Code · TITLE 2. GENERAL PRINCIPLES OF CRIMINAL RESPONSIBILITY · CHAPTER 8. GENERAL DEFENSES TO CRIMINAL RESPONSIBILITY
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Tex. Penal Code § 8.01 (2026)

Insanity

✓ current as of May 2026
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Sec. 8.01. INSANITY. (a) It is an affirmative defense to prosecution that, at the time of the conduct charged, the actor, as a result of severe mental disease or defect, did not know that his conduct was wrong.

(b) The term "mental disease or defect" does not include an abnormality manifested only by repeated criminal or otherwise antisocial conduct.

Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1983, 68th Leg., p. 2640, ch. 454, Sec. 1, eff. Aug. 29, 1983; Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.

Notes of Decisions
Cited in 289 cases (33 in the last 5 years), 1977–2026 · leading case: Ex Parte Briseno, 135 S.W.3d 1 (Tex. Crim. App. 2004).
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Ex Parte Briseno, 135 S.W.3d 1 (Tex. Crim. App. 2004). · cites it 8× “003(13) [28] For example, the definition of legal "insanity" in TEX. PEN.CODE § 8.01 is not at all the same type of definition that is used in psychiatry or social services for mental illnesses.”
Resendiz v. State, 112 S.W.3d 541 (Tex. Crim. App. 2003). · cites it 6× “Additionally, viewing the other crime scenes may have led to confusion regarding the difference between appellant being "crazy" and the issue of legal insanity as defined in Texas Penal Code Section 8.01. [2] While gruesome and shocking photographs depicting other crime scenes…”
Dashield v. State, 110 S.W.3d 111 (Tex. App. 2003). · cites it 10× “" He testified that there has been "from time to time dispute as to actually what he was suffering from," in terms of mental disease or defect, namely whether it was schizoaffective disorder, bipolar disorder, manic depression, schizophrenia, or a combination thereof.”
Bigby v. State, 892 S.W.2d 864 (Tex. Crim. App. 1994). · cites it 4× “Tex.Penal Code Ann. § 8.01 (1974). However, this defense was eliminated in August of 1983.”
Martinez v. State, 867 S.W.2d 30 (Tex. Crim. App. 1993). · cites it 4× “Tex.Penal Code Ann. § 8.01. [5] In order to raise insanity, appellant must notify the trial judge and State of his intent to present the defense.”
Rubio v. State, 241 S.W.3d 1 (Tex. Crim. App. 2007). · cites it 4× “[1] TEX. PEN.CODE § 8.01(a). [2] There is considerable evidence that paint-sniffing was the cause of whatever mental disorder Rubio might have.”
Abdnor v. State, 871 S.W.2d 726 (Tex. Crim. App. 1994). · cites it 2× “See also, Tex.Penal Code Ann. § 8.01(a) (Vernon’s 1974).”
Clark v. Arizona, 548 U.S. 735 (2006). · cites it 2× “Pamphlet); Tex. Penal Code Ann. §8.01 (West 2003). 15 ALI, Model Penal Code §4.”
Turner, Albert James, 422 S.W.3d 676 (Tex. Crim. App. 2013). · cites it 2× “"); Tex. Penal Code § 8.01(a). And while none of the experts here stated unequivocally that the appellant is mentally ill, both Gollaher and Axelrad noted the possibility of paranoid and delusional thinking on his part, and Axelrad observed that he was "an individual who may…”
Ruffin v. State, 270 S.W.3d 586 (Tex. Crim. App. 2008). · cites it 2× “Tex. Penal Code § 8.01(a) ("It is an affirmative defense to prosecution that, at the time of the conduct charged, the actor, as a result of severe mental disease or defect, did not know that his conduct was wrong.”
Herrin v. State, 125 S.W.3d 436 (Tex. Crim. App. 2002). · cites it 2× “See Tex. Pen.Code § 8.01. [2] Unless otherwise indicated all future references to Articles refer to the Texas Code of Criminal Procedure.”
Cleveland v. State, 177 S.W.3d 374 (Tex. App. 2005). · cites it 2× “04 (Vernon 2003) (stating law of affirmative defenses); see also TEX. PEN.CODE ANN. § 8.01 (Vernon 2003) (insanity is affirmative defense); TEX.”
Show all 289 citing cases →
— Tex. Penal Code § 8.01(a) — 112 cases
Ex Parte Briseno, 135 S.W.3d 1 (Tex. Crim. App. 2004). “003(13) [28] For example, the definition of legal "insanity" in TEX. PEN.CODE § 8.01 is not at all the same type of definition that is used in psychiatry or social services for mental illnesses.”
Rubio v. State, 241 S.W.3d 1 (Tex. Crim. App. 2007). “[1] TEX. PEN.CODE § 8.01(a). [2] There is considerable evidence that paint-sniffing was the cause of whatever mental disorder Rubio might have.”
Abdnor v. State, 871 S.W.2d 726 (Tex. Crim. App. 1994). “See also, Tex.Penal Code Ann. § 8.01(a) (Vernon’s 1974).”
Turner, Albert James, 422 S.W.3d 676 (Tex. Crim. App. 2013). “"); Tex. Penal Code § 8.01(a). And while none of the experts here stated unequivocally that the appellant is mentally ill, both Gollaher and Axelrad noted the possibility of paranoid and delusional thinking on his part, and Axelrad observed that he was "an individual who may…”
Ruffin v. State, 270 S.W.3d 586 (Tex. Crim. App. 2008). “Tex. Penal Code § 8.01(a) ("It is an affirmative defense to prosecution that, at the time of the conduct charged, the actor, as a result of severe mental disease or defect, did not know that his conduct was wrong.”
— Tex. Penal Code § 8.01(b) — 5 cases
Ex Parte Briseno, 135 S.W.3d 1 (Tex. Crim. App. 2004). “003(13) [28] For example, the definition of legal "insanity" in TEX. PEN.CODE § 8.01 is not at all the same type of definition that is used in psychiatry or social services for mental illnesses.”
Resendiz v. State, 112 S.W.3d 541 (Tex. Crim. App. 2003). “Additionally, viewing the other crime scenes may have led to confusion regarding the difference between appellant being "crazy" and the issue of legal insanity as defined in Texas Penal Code Section 8.01. [2] While gruesome and shocking photographs depicting other crime scenes…”
Shayne Daniel Afzal v. State, 559 S.W.3d 204 (Tex. App. 2018).
W.D.A. v. State, 835 S.W.2d 227 (Tex. App. 1992).
WDA v. State, 835 S.W.2d 227 (Tex. App. 1992).
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