State Codes and Statutes
Statutes > Michigan > Chapters-760-777 > Act-175-of-1927 > 175-1927-viii > Section-768-21aTHE CODE OF CRIMINAL PROCEDURE (EXCERPT)
Act 175 of 1927
768.21a Persons deemed legally insane; burden of proof.
Sec. 21a.
(1) It is an affirmative defense to a prosecution for a criminal offense that the defendant was legally insane when he or she committed the acts constituting the offense. An individual is legally insane if, as a result of mental illness as defined in section 400a of the mental health code, Act No. 258 of the Public Acts of 1974, being section 330.1400a of the Michigan Compiled Laws, or as a result of being mentally retarded as defined in section 500(h) of the mental health code, Act No. 258 of the Public Acts of 1974, being section 330.1500 of the Michigan Compiled Laws, that person lacks substantial capacity either to appreciate the nature and quality or the wrongfulness of his or her conduct or to conform his or her conduct to the requirements of the law. Mental illness or being mentally retarded does not otherwise constitute a defense of legal insanity.
(2) An individual who was under the influence of voluntarily consumed or injected alcohol or controlled substances at the time of his or her alleged offense is not considered to have been legally insane solely because of being under the influence of the alcohol or controlled substances.
(3) The defendant has the burden of proving the defense of insanity by a preponderance of the evidence.
History: Add. 1975, Act 180, Eff. Aug. 6, 1975 ;-- Am. 1994, Act 56, Eff. Oct. 1, 1994
