Oklahoma § 44-850A - Defense of lack of mental responsibility

§ 44-850A. Defense of lack of mental responsibility

ARTICLE 50A. Defense of lack of mental responsibility.

A. It is 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 the acts. Mental disease or defect does not

otherwise constitute a defense.

B. The accused has the burden of proving the defense of lack of

mental responsibility by clear and convincing evidence.

C. Whenever lack of mental responsibility of the accused with

respect to an offense is properly at issue, the military judge shall

instruct the members of the court as to the defense of lack of

mental responsibility under this section and shall charge them to

find the accused:

1. Guilty;

2. Not guilty; or

3. Not guilty only by reason of lack of mental responsibility.

D. Subsection C of this section does not apply to a courtmartial composed of a military judge only. In the case of a courtmartial composed of a military judge only, whenever lack of mental

responsibility of the accused with respect to an offense is properly

at issue, the military judge shall find the accused:

1. Guilty;

2. Not guilty; or

3. Not guilty only by reason of lack of mental responsibility.

E. Notwithstanding the provisions of Section 852 of this title

(Article 52), the accused shall be found not guilty only by reason

of lack of mental responsibility if:

Oklahoma Statutes - Title 44. Militia

1. A majority of the members of the court-martial present at

the time the vote is taken determines that the defense of lack of

mental responsibility has been established; or

2. In the case of a court-martial composed of a military judge

only, the military judge determines that the defense of lack of

mental responsibility has been established.

Added by Laws 2019, c. 408, § 58, eff. Oct. 1, 2019.