Statute · New York Penal Law
N.Y. Penal Law § 40.15 — Mental disease or defect
N.Y. Penal Law § 40.15
- Type
- Statute
- Source
- New York Penal Law
- Jurisdiction
- New York
- Current through
- Nov 4, 2026 (NY Senate Open Legislation)
§ 40.15 Mental disease or defect.
Citator
N.Y. Penal Law § 40.15 — Mental disease or defect is in force in the current edition of the Code, and nothing recorded condemns it.
§ 40.15 Mental disease or defect.
In any prosecution for an offense, it is an affirmative defense that when the defendant engaged in the proscribed conduct, he lacked criminal responsibility by reason of mental disease or defect. Such lack of criminal responsibility means that at the time of such conduct, as a result of mental disease or defect, he lacked substantial capacity to know or appreciate either:
1. The nature and consequences of such conduct; or
2. That such conduct was wrong.