Official Code of Georgia Annotated

Title 16. CRIMES AND OFFENSES · Chapter 3. DEFENSES TO CRIMINAL PROSECUTIONS · Article 1. RESPONSIBILITY

16-3-3. Delusional compulsion.

Active

Current through: Including Acts of the 2025 Regular Session of the General Assembly.

A person shall not be found guilty of a crime when, at the time of the act, omission, or negligence constituting the crime, the person, because of mental disease, injury, or congenital deficiency, acted as he did because of a delusional compulsion as to such act which overmastered his will to resist committing the crime.

The notes below are printed with the section but are not enacted law (O.C.G.A. § 1-1-1(c)). They are shown apart from the text.

History

Code 1933, § 26-703, enacted by Ga. L. 1968, p. 1249, § 1.

Cross references

Mental capacity as it relates to competency to stand trial and as it relates to culpability for criminal acts, §§ 17-7-129, 17-7-130, 17-7-131.

Law reviews

For article discussing the theory of insanity in criminal law, see 15 Mercer L. Rev. 399 (1964). For annual survey on criminal law, see 65 Mercer L. Rev. 79 (2013). For article, ‘‘An Empirical Assessment of Georgia’s Beyond a Reasonable Doubt Standard to Determine Intellectual Disability in Capital Cases,’’ see 33 Ga. St. U. L. Rev. 553 (2017). For note comparing the M’Naghten Rule and the irresistible impulse test for legal tests of insanity, see 14 Mercer L. Rev. 418 (1963). For comment, ‘‘Saving the Deific Decree Exception to the Insanity Defense in Illinois: How a Broad Interpretation of ‘Religious Command’ May Cure Establishment Clause Concerns,’’ see 46 J. Marshall L. Rev. 56 (2013).

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Current through: Including Acts of the 2025 Regular Session of the General Assembly.

Text read from t16-ch1-6-(v14)-2019-pdf.pdf, Volume V14, 2019 edition, page 245; merge action: annotated; file SHA-256 7e331f0ca7d3.