Sec. 1. (a) A person may be convicted of an offense only if his guilt is proved beyond a reasonable doubt.
(b) Notwithstanding subsection (a), the burden of proof is on the defendant to establish the defense of insanity (IC 35-41-3-6) by a preponderance of the evidence.
As added by Acts 1976, P.L.148, SEC.1. Amended by Acts 1977, P.L.340, SEC.16; Acts 1978, P.L.145, SEC.9.
Structure Indiana Code
Title 35. Criminal Law and Procedure
Article 41. Substantive Criminal Provisions
Chapter 4. Standard of Proof and Bars to Prosecution
35-41-4-0.1. Application of Certain Amendments to Chapter
35-41-4-1. Standard of Proof; Insanity Defense
35-41-4-2. Periods of Limitation
35-41-4-3. When Prosecution Barred for Same Offense
35-41-4-4. When Prosecution Barred for Different Offense
35-41-4-5. Former Prosecution in Another Jurisdiction a Bar
35-41-4-6. Invalid or Fraudulently Procured Prosecution Not a Bar