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The Insanity Defense Among the States

Four states, including Kansas, Montana, Idaho, Utah, do not allow the insanity defense. In other states, the standards for proving this defense vary widely. The following provides the status of the insanity defense in each jurisdiction.

ALABAMA The state uses the M'Naghten Rule. The burden of proof is on the defendant.
ALASKA The state uses a modified version of the M'Naghten Rule. The burden of proof is on the defendant. A guilty but mentally ill verdict is allowed.
ARIZONA The state uses a modified version of the M'Naghten Rule. The burden of proof is on the defendant. A guilty but insane verdict is allowed.
ARKANSAS The state uses a modified version of the Model Penal Code rule. The burden of proof is on the defendant.
CALIFORNIA The state uses the M'Naghten Rule. The burden of proof is on the defendant.
COLORADO The state uses a modified version of the M'Naghten Rule with the Irresistible Impulse Test. The burden of proof is on the state.
CONNECTICUT The state uses a modified version of the Model Penal Code rule. The burden of proof is on the defendant.
DELAWARE The state uses a modified version of the Model Penal Code rule. The burden of proof is on the defendant.
DISTRICT OF COLUMBIA The state uses the Model Penal Code rule. The burden of proof is on the defendant.
FLORIDA The state uses the M'Naghten Rule. The burden of proof is on the state.
GEORGIA The state uses a modified version of the M'Naghten Rule. The burden of proof is on the defendant. A guilty but mentally ill verdict is allowed.
HAWAII The state uses the Model Penal Code rule. The burden of proof is on the defendant.
IDAHO The state has abolished the insanity defense. The state allows a guilty but insane verdict.
ILLINOIS The state uses a modified version of the Model Penal Code rule. The burden of proof is on the defendant.
INDIANA The state uses a modified version of the Model Penal Code rule. The burden of proof is on the defendant.
IOWA The state uses the M'Naghten Rule. The burden of proof is on the defendant.
KANSAS The state has abolished the insanity defense.
KENTUCKY The state uses the Model Penal Code rule. The burden of proof is on the defendant.
LOUISIANA The state uses the M'Naghten Rule. The burden of proof is on the defendant.
MAINE The state uses a modified version of the Model Penal Code rule. The burden of proof is on the defendant.
MARYLAND The state uses the Model Penal Code rule. The burden of proof is on the defendant.
MASSACHUSETTS The state uses the Model Penal Code rule. The burden of proof is on the state.
MICHIGAN The state uses the Model Penal Code rule. The burden of proof is on the state.
MINNESOTA The state uses the M'Naghten Rule. The burden of proof is on the defendant.
MISSISSIPPI The state uses the M'Naghten Rule. The burden of proof is on the state. An acquitted by reason of insanity verdict is allowed.
MISSOURI The state uses a modified version of the M'Naghten Rule. The burden of proof is on the defendant.
MONTANA The state has abolished the insanity defense, although a guilty but insane verdict is allowed.
NEBRASKA The state uses the M'Naghten Rule. The burden of proof is on the defendant.
NEVADA The state uses the M'Naghten Rule. The burden of proof is on the defendant.
NEW HAMPSHIRE The state uses the Durham standard. The burden of proof is on the defendant.
NEW JERSEY The state uses the M'Naghten Rule. The burden of proof is on the state.
NEW MEXICO The state uses the M'Naghten Rule with the Irresistible Impulse Test. The burden of proof is on the state.
NEW YORK The state uses the Model Penal Code rule. The burden of proof is on the defendant.
NORTH CAROLINA The state uses the M'Naghten Rule. The burden of proof is on the defendant.
NORTH DAKOTA The state uses the Model Penal Code rule. The burden of proof is on the state.
OHIO The state uses the M'Naghten Rule. The burden of proof is on the defendant.
OKLAHOMA The state uses the M'Naghten Rule. The burden of proof is on the state.
OREGON The state uses the Model Penal Code rule. The burden of proof is on the defendant.
PENNSYLVANIA The state uses the M'Naghten Rule. The burden of proof is on the defendant.
RHODE ISLAND The state uses the Model Penal Code rule. The burden of proof is on the defendant.
SOUTH CAROLINA The state uses the M'Naghten Rule. The burden of proof is on the defendant.
SOUTH DAKOTA The state uses the M'Naghten Rule. The burden of proof is on the defendant.
TENNESSEE The state uses the Model Penal Code rule. The burden of proof is on the state.
TEXAS The state uses the M'Naghten Rule with the Irresistible Impulse Test. The burden of proof is on the defendant.
UTAH The state has abolished the insanity defense, but guilty but mentally ill verdicts are allowed.
VERMONT The state uses the Model Penal Code rule. The burden of proof is on the defendant.
VIRGINIA The state uses the M'Naghten Rule with the Irresistible Impulse Test. The burden of proof is on the defendant.
WASHINGTON The state uses the M'Naghten Rule. The burden of proof is on the defendant.
WEST VIRGINIA The state uses the Model Penal Code rule. The burden of proof is on the state.
WISCONSIN The state uses the Model Penal Code rule. The burden of proof is on the defendant.
WYOMING The state uses the Model Penal Code rule. The burden of proof is on the defendant.

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