---
title: O.C.G.A. § 38-2-1050.1. Defense of mental disease or defect.
collection: code
id: 38-2-1050.1
cite_as: O.C.G.A. § 38-2-1050.1 (2025)
canonical_url: https://georgiacommons.org/code/38-2-1050.1
md_url: https://georgiacommons.org/code/38-2-1050.1.md
text_url: https://georgiacommons.org/code/38-2-1050.1/text
source_url: https://www.legis.ga.gov/api/document/docs/default-source/joint-features-document-library/t37-t39-(v28)-2021-pdf.pdf?sfvrsn=c6b9c518_0#page=481
date: 2025
status: active
corpus_version: 2025-supplement-89aa39ab3c68
license: CC0-1.0
publisher: Georgia Commons, an independent project of Georgia Civic Data. Not the State of Georgia. Not legal advice.
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version: the only printed version
in_force: true
current_through: Including Acts of the 2025 Regular Session of the General Assembly
heading_path: MILITARY, EMERGENCY MANAGEMENT, AND VETERANS AFFAIRS / MILITARY AFFAIRS / CODE OF MILITARY JUSTICE / TRIAL PROCEDURES
---

# O.C.G.A. § 38-2-1050.1. Defense of mental disease or defect.

(a) It shall be an affirmative defense in a trial by court-martial that, at the time of the commission of the acts constituting the offense, the accused, as a result of a severe mental disease or defect, was unable to appreciate the nature and quality or the wrongfulness of his or her acts. Mental disease or defect shall not otherwise constitute a defense.

(b) The accused has the burden of proving the defense as provided for by subsection (a) of this Code section by clear and convincing evidence.

(c) Whenever lack of mental responsibility of the accused with respect to an offense is properly at issue, the military judge shall follow the procedures set forth in Code Section 17-7-131.

## History

Code 1981, § 38-2-1050.1, enacted by Ga. L. 2015, p. 753, § 1/HB 98.