(a) It is 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 the acts. Mental disease or defect does not otherwise constitute a defense.
(b) The accused has the burden of proving the defense of lack of mental responsibility 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 instruct the members of the court as to the defense of lack of mental responsibility under this section and charge them to find the accused:
(1) Guilty;
(2) Not guilty; or
(3) Not guilty only by reason of lack of mental responsibility.
(d) Subsection (c) does not apply to a court-martial composed of a military judge only. In the case of a court-martial composed of a military judge only or a summary court-martial officer, whenever lack of mental responsibility of the accused with respect to an offense is properly at issue, the military judge or summary court-martial officer shall find the accused:
(1) Guilty;
(2) Not guilty; or
(3) Not guilty only by reason of lack of mental responsibility.
(e) Notwithstanding the provisions of section fifty-two of this article, the accused shall be found not guilty only by reason of lack of mental responsibility if:
(1) A majority of the members of the court-martial present at the time the vote is taken determines that the defense of lack of mental responsibility has been established; or
(2) In the case of a court-martial composed of a military judge only or a summary court-martial officer, the military judge or summary court-martial officer determines that the defense of lack of mental responsibility has been established.
Structure West Virginia Code
Article 1E. Code of Military Justice
§15-1E-1. Definitions; Gender Neutrality
§15-1E-2. Persons Subject to This Article; Jurisdiction
§15-1E-3. Jurisdiction to Try Certain Personnel
§15-1E-5. Territorial Applicability of the Article
§15-1E-9. Imposition of Restraint
§15-1E-10. Restraint of Persons Charged With Offenses
§15-1E-11. Place of Confinement; Reports and Receiving of Prisoners
§15-1E-12. Confinement With Enemy Prisoners Prohibited
§15-1E-13. Punishment Prohibited Before Trial
§15-1E-14. Delivery of Offenders to Civil Authorities
§15-1E-15. Commanding Officer's Nonjudicial Punishment
§15-1E-16. Courts-Martial Classified
§15-1E-17. Jurisdiction of Courts-Martial in General
§15-1E-18. Jurisdiction of General Courts-Martial
§15-1E-19. Jurisdiction of Special Courts-Martial
§15-1E-20. Jurisdiction of Summary Courts-Martial
§15-1E-22. Who May Convene General Courts-Martial
§15-1E-23. Who May Convene Special Courts-Martial
§15-1E-24. Who May Convene Summary Courts-Martial
§15-1E-25. Who May Serve on Courts-Martial
§15-1E-26. Military Judge of a General or Special Court-Martial
§15-1E-27. Detail of Trial Counsel and Defense Counsel
§15-1E-28. Detail or Employment of Reporters and Interpreters
§15-1E-29. Absent and Additional Members
§15-1E-30. Charges and Specifications
§15-1E-31. Compulsory Self-Incrimination Prohibited
§15-1E-33. Forwarding of Charges
§15-1E-34. Advice of Judge Advocate and Reference for Trial
§15-1E-36. Governor or the Adjutant General May Prescribe Rules
§15-1E-37. Unlawfully Influencing Action of Court
§15-1E-38. Duties of Trial Counsel and Defense Counsel
§15-1E-42. Oaths or Affirmations
§15-1E-43. Statute of Limitations
§15-1E-45. Pleas of the Accused
§15-1E-46. Opportunity to Obtain Witnesses and Other Evidence
§15-1E-47. Refusal to Appear or Testify
§15-1E-50. Admissibility of Records of Courts of Inquiry
§15-1E-50a. Defense of Lack of Mental Responsibility
§15-1E-52. Number of Votes Required
§15-1E-53. Court to Announce Action
§15-1E-55. Cruel and Unusual Punishments Prohibited
§15-1E-57. Effective Date of Sentences
§15-1E-57a. Deferment of Sentences
§15-1E-58. Execution of Confinement
§15-1E-58a. Sentences: Reduction in Enlisted Grade Upon Approval
§15-1E-58b. Sentences: Forfeiture of Pay and Allowances During Confinement
§15-1E-59. Error of Law; Lesser Included Offense
§15-1E-60. Action by the Convening Authority
§15-1E-61. Withdrawal of Appeal
§15-1E-62. Appeal by the State
§15-1E-64. Review by the Senior Force Judge Advocate
§15-1E-65. Disposition of Records After Review by the Convening Authority
§15-1E-67a. Review by State Appellate Authority
§15-1E-71. Execution of Sentence; Suspension of Sentence
§15-1E-72. Vacation of Suspension
§15-1E-73. Petition for a New Trial
§15-1E-74. Remission and Suspension
§15-1E-76. Finality of Proceedings, Findings, and Sentences
§15-1E-76a. Leave Required to Be Taken Pending Review of Certain Court-Martial Convictions
§15-1E-78. Accessory After the Fact
§15-1E-79. Conviction of Lesser Included Offense
§15-1E-83. Fraudulent Enlistment, Appointment, or Separation
§15-1E-84. Unlawful Enlistment, Appointment, or Separation
§15-1E-86. Absence Without Leave
§15-1E-88. Contempt Toward Officials
§15-1E-89. Disrespect Toward Superior Commissioned Officer
§15-1E-90. Assaulting or Willfully Disobeying Superior Commissioned Officer
§15-1E-91. Insubordinate Conduct Toward Warrant Officer, Noncommissioned Officer, or Petty Officer
§15-1E-92. Failure to Obey Order or Regulation
§15-1E-93. Cruelty and Maltreatment
§15-1E-95. Resistance, Flight, Breach of Arrest, and Escape
§15-1E-96. Releasing Prisoner Without Proper Authority
§15-1E-98. Noncompliance With Procedural Rules
§15-1E-99. Misbehavior Before the Enemy
§15-1E-100. Subordinate Compelling Surrender
§15-1E-101. Improper Use of Countersign
§15-1E-102. Forcing a Safeguard
§15-1E-103. Captured or Abandoned Property
§15-1E-105. Misconduct as Prisoner
§15-1E-107. False Official Statements
§15-1E-108. Military Property - Loss, Damage, Destruction, or Wrongful Disposition
§15-1E-109. Property Other Than Military Property - Waste, Spoilage, or Destruction
§15-1E-110. Improper Hazarding of Vessel
§15-1E-112a. Wrongful Use, Possession, etc., of Controlled Substances
§15-1E-113. Misbehavior of Sentinel
§15-1E-116. Riot or Breach of Peace
§15-1E-117. Provoking Speeches or Gestures
§15-1E-132. Frauds Against the Government
§15-1E-133. Conduct Unbecoming an Officer and a Gentleman
§15-1E-136. Authority to Administer Oaths and to Act as Notary
§15-1E-137. Articles to Be Explained
§15-1E-138. Complaints of Wrongs
§15-1E-139. Redress of Injuries to Property
§15-1E-140. Delegation by the Governor
§15-1E-141. Payment of Fees, Costs and Expenses
§15-1E-142. Payment of Fines and Disposition Thereof
§15-1E-143. Uniformity of Interpretation
§15-1E-144. Immunity for Action of Military Courts
§15-1E-147. Time of Taking Effect
§15-1E-148. Supersedes Existing State Military Justice Codes