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Searching 2017-2018 Session

The Vermont Statutes Online

Title 13 : Crimes and Criminal Procedure

Chapter 157 : INSANITY AS A DEFENSE

(Cite as: 13 V.S.A. § 4801)
  • [Section 4801 effective until July 1, 2018; see also section 4801 effective July 1, 2018 set out below.]§ 4801. Test of insanity in criminal cases

    (a) The test when used as a defense in criminal cases shall be as follows:

    (1) A person is not responsible for criminal conduct if at the time of such conduct as a result of mental disease or defect he or she lacks adequate capacity either to appreciate the criminality of his or her conduct or to conform his or her conduct to the requirements of law.

    (2) The terms "mental disease or defect" do not include an abnormality manifested only by repeated criminal or otherwise anti-social conduct. The terms "mental disease or defect" shall include congenital and traumatic mental conditions as well as disease.

    (b) The defendant shall have the burden of proof in establishing insanity as an affirmative defense by a preponderance of the evidence. (Amended 1983, No. 75.)

  • [Section 4801 effective July 1, 2018; see also section 4801 effective until July 1, 2018 set out above.]§ 4801. Test of insanity in criminal cases

    (a) The test when used as a defense in criminal cases shall be as follows:

    (1) A person is not responsible for criminal conduct if at the time of such conduct, as a result of mental illness, developmental disability, or traumatic brain injury, he or she lacks adequate capacity either to appreciate the criminality of his or her conduct or to conform his or her conduct to the requirements of law.

    (2) The terms "mental illness, developmental disability, or traumatic brain injury" do not include an abnormality manifested only by repeated criminal or otherwise anti-social conduct.

    (b) The defendant shall have the burden of proof in establishing insanity as an affirmative defense by a preponderance of the evidence. (Amended 1983, No. 75; 2013, No. 158 (Adj. Sess.), § 1, eff. July 1, 2018.)