§ 3-110. Plea of not criminally responsible
West's Annotated Code of MarylandCriminal Procedure
MD Code, Criminal Procedure, § 3-110
§ 3-110. Plea of not criminally responsible
(a)(1) If a defendant intends to rely on a plea of not criminally responsible, the defendant or defense counsel shall file a written plea alleging, in substance, that when the alleged crime was committed, the defendant was not criminally responsible by reason of insanity under the test for criminal responsibility in § 3-109 of this title.
(b) The defendant has the burden to establish, by a preponderance of the evidence, the defense of not criminally responsible.
(c) If the trier of fact finds that the State has proved beyond a reasonable doubt that the defendant committed the criminal act charged, then, if the defendant has pleaded not criminally responsible, the trier of fact separately shall find whether the defendant has established, by a preponderance of the evidence, that the defendant was at the time criminally responsible or not criminally responsible by reason of insanity under the test for criminal responsibility in § 3-109 of this title.
Credits
Added by Acts 2001, c. 10, § 2, eff. Oct. 1, 2001. Amended by Acts 2001, c. 35, § 1, eff. Oct. 1, 2001.
MD Code, Criminal Procedure, § 3-110, MD CRIM PROC § 3-110
Current with all legislation from the 2023 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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