(1) The defendant may be found guilty but mentally ill if:
(a) The prosecution proves beyond a reasonable doubt that the defendant is guilty of an offense; and

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Terms Used In Kentucky Statutes 504.130

  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.

(b) The defendant proves by a preponderance of the evidence that he was mentally ill at the time of the offense.
(2) If the defendant waives his right to trial, the court may accept a plea of guilty but mentally ill if it finds that the defendant was mentally ill at the time of the offense.
Effective: July 15, 1982
History: Created 1982 Ky. Acts ch. 113, sec. 8, effective July 15, 1982.