18 USC § 4242 - Determination of the existence of insanity at the time of the offense | Title 18 - Crimes and Criminal Procedure | U.S. Code

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Current through Pub. L. 113-13. (See Public Laws for the current Congress.)

(a) Motion for Pretrial Psychiatric or Psychological Examination.— Upon the filing of a notice, as provided in Rule 12.2 of the Federal Rules of Criminal Procedure, that the defendant intends to rely on the defense of insanity, the court, upon motion of the attorney for the Government, shall order that a psychiatric or psychological examination of the defendant be conducted, and that a psychiatric or psychological report be filed with the court, pursuant to the provisions of section 4247 (b) and (c).

(b) Special Verdict.— If the issue of insanity is raised by notice as provided in Rule 12.2 of the Federal Rules of Criminal Procedure on motion of the defendant or of the attorney for the Government, or on the court’s own motion, the jury shall be instructed to find, or, in the event of a nonjury trial, the court shall find the defendant—

(1) guilty;

(2) not guilty; or

(3) not guilty only by reason of insanity.

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(a) Motion for Pretrial Psychiatric or Psychological Examination.— Upon the filing of a notice, as provided in Rule 12.2 of the Federal Rules of Criminal Procedure, that the defendant intends to rely on the defense of insanity, the court, upon motion of the attorney for the Government, shall order that a psychiatric or psychological examination of the defendant be conducted, and that a psychiatric or psychological report be filed with the court, pursuant to the provisions of section 4247 (b) and (c).

(b) Special Verdict.— If the issue of insanity is raised by notice as provided in Rule 12.2 of the Federal Rules of Criminal Procedure on motion of the defendant or of the attorney for the Government, or on the court’s own motion, the jury shall be instructed to find, or, in the event of a nonjury trial, the court shall find the defendant—

(1) guilty;

(2) not guilty; or

(3) not guilty only by reason of insanity.

Source

(June 25, 1948, ch. 645, 62 Stat. 855; Pub. L. 98–473, title II, § 403(a),Oct. 12, 1984, 98 Stat. 2059.)

Historical and Revision Notes

Based on title 18, U.S.C., 1940 ed., § 877 (May 13, 1930, ch. 254, § 7,46 Stat. 272).

Minor change was made in phraseology.

Amendments

1984—Pub. L. 98–473amended section generally, substituting “Determination of the existence of insanity at the time of the offense” for “Retransfer upon recovery” in section catchline, and substituting provisions relating to motion for pretrial psychiatric or psychological examination, and special verdict, for provisions relating to retransfer to a penal or correctional institution upon recovery of an inmate of the United States hospital for defective delinquents.

The table below lists the classification updates, since Jan. 3, 2012, for this section. Updates to a broader range of sections may be found at the update page for containing chapter, title, etc.

The most recent Classification Table update that we have noticed was Wednesday, June 5, 2013

An empty table indicates that we see no relevant changes listed in the classification tables. If you suspect that our system may be missing something, please double-check with the Office of the Law Revision Counsel.

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"nt [tbl]" means note [table].
"prec" means preceding.
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"to" means a transfer to another section.
"omitted" means the section is omitted.
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"nt ed change" and "ed change" - See the Editorial Classification Change Table [pdf].

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General Reference

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18 USC	Description of Change	Session Year	Public Law	Statutes at Large

This is a list of parts within the Code of Federal Regulations for which this US Code section provides rulemaking authority.

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It is not guaranteed to be accurate or up-to-date, though we do refresh the database weekly. More limitations on accuracy are described at the GPO site.

28 CFR - Judicial Administration

28 CFR Part 549 - MEDICAL SERVICES

18 USC § 4242 - Determination of the existence of insanity at the time of the offense

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