§ 4242. — Determination of the existence of insanity at the time of the offense.
[Laws in effect as of January 7, 2003]
[Document not affected by Public Laws enacted between
January 7, 2003 and December 19, 2003]
[CITE: 18USC4242]
TITLE 18--CRIMES AND CRIMINAL PROCEDURE
PART III--PRISONS AND PRISONERS
CHAPTER 313--OFFENDERS WITH MENTAL DISEASE OR DEFECT
Sec. 4242. Determination of the existence of insanity at the
time of the offense
(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.
(June 25, 1948, ch. 645, 62 Stat. 855; Pub. L. 98-473, title II,
Sec. 403(a), Oct. 12, 1984, 98 Stat. 2059.)
Historical and Revision Notes
Based on title 18, U.S.C., 1940 ed., Sec. 877 (May 13, 1930, ch.
254, Sec. 7, 46 Stat. 272).
Minor change was made in phraseology.
Amendments
1984--Pub. L. 98-473 amended 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.
Section Referred to in Other Sections
This section is referred to in section 4247 of this title.
