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TCA 39-11-501

Insanity

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What does this charge mean?

A defendant can claim insanity as a defense if, at the time of the crime, they had such a severe mental illness or defect that they could not understand the nature or wrongfulness of their actions. The defendant must prove insanity by clear and convincing evidence (a high standard), and only the judge or jury—not an expert witness—can decide if insanity is proven.

Penalty Details

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Penalty SummaryClassification not specified
(a) It is an affirmative defense to prosecution that, at the time of the commission of the acts constituting the offense, the defendant, as a result of a severe mental disease or defect, was unable to appreciate the nature or wrongfulness of the defendant‘s acts. Mental disease or defect does not otherwise constitute a defense. The defendant has the burden of proving the defense of insanity by clear and convincing evidence. (b) As used in this section, “mental disease or defect” does not include any abnormality manifested only by repeated criminal or otherwise antisocial conduct. (c) No expert witness may testify as to whether the defendant was or was not insane as set forth in subsection (a). Such ultimate issue is a matter for the trier of fact alone.
View on official sourceLast verified: Feb 25, 2026

Quick Facts

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TCA Section39-11-501