New York statute
N.Y. Penal Law § 40.15 — Mental disease or defect
Current through 2026 legislative session (LBDC text via OpenLegislation as of 2026-07-17)
Part of Article 40: Other Defenses Involving Lack of Culpability, New York Penal Law.
Full text of N.Y. Penal Law § 40.15
Statutory text current through the 2026 legislative session (LBDC text via OpenLegislation as of 2026-07-17). This publication reproduces the text of the Consolidated Laws of New York as provided by the New York State Senate's Open Legislation service (Legislative Bill Drafting Commission statutory text); it is not the official statutes of the State of New York.
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.
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