Printable Format21-5209. Defense of lack of mental state. It shall be a defense to a prosecution under any statute that the defendant, as a result of mental disease or defect, lacked the culpable mental state required as an element of the crime charged. Mental disease or defect is not otherwise a defense.
History: L. 2010, ch. 136, § 20; July 1, 2011.
Source or Prior Law:
22-3220.
CASE ANNOTATIONS
1. Premeditation is not a culpable mental state that can be negated by a defense of mental disease or defect. State v. Blansett, 309 K. 401, 410, 435 P.3d 1136, 1144 (2019).
2. Due process does not require a state to adopt an insanity test turning on a defendant’s ability to recognize the crime was morally wrong. Kahler v. Kansas, 140 S. Ct. 1021, 1037 (2020).