CALCRIM No. 3450

29.8)

Y ou have found the defendant guilty of <insert crime[s]>.

Now you must decide whether (he/she) was legally insane when (he/she)

committed the crime[s].

The defendant must prove that it is more likely than not that (he/she)

was legally insane when (he/she) committed the crime[s].

The defendant was legally insane if:

1. When (he/she) committed the crime[s], (he/she) had a mental

disease or defect;

AND

2. Because of that disease or defect, (he/she) was incapable of

knowing or understanding the nature and quality of (his/her) act

or was incapable of knowing or understanding that (his/her) act

was morally or legally wrong.

Do not base a finding of not guilty by reason of insanity solely on the

basis of a personality disorder, adjustment disorder, seizure disorder, or

an abnormality of personality or character made apparent only by a

series of criminal or antisocial acts.

[Special rules apply to an insanity defense involving drugs or alcohol.

Addiction to or abuse of drugs or intoxicants, by itself, does not qualify

as legal insanity. This is true even if the intoxicants cause organic brain

damage or a settled mental disease or defect that lasts after the

immediate effects of the intoxicants have worn off. Likewise, a temporary

mental condition caused by the recent use of drugs or intoxicants is not

legal insanity.]

[If the defendant suffered from a settled mental disease or defect caused

by the long-term use of drugs or intoxicants, that settled mental disease

or defect combined with another mental disease or defect may qualify as

legal insanity. A settled mental disease or defect is one that remains after

the effect of the drugs or intoxicants has worn off.]

Y ou may consider any evidence that the defendant had a mental disease

or defect before the commission of the crime[s]. If you are satisfied that

(he/she) had a mental disease or defect before (he/she) committed the

crime[s], you may conclude that (he/she) suffered from that same

condition when (he/she) committed the crime[s]. Y ou must still decide

whether that mental disease or defect constitutes legal insanity.

[If you find the defendant was legally insane at the time of (his/her)

crime[s], (he/she) will not be released from custody until a court finds

(he/she) qualifies for release under California law. Until that time (he/

she) will remain in a mental hospital or outpatient treatment program, if

appropriate. (He/She) may not, generally, be kept in a mental hospital or

outpatient program longer than the maximum sentence available for (his/

her) crime[s]. If the state requests additional confinement beyond the

maximum sentence, the defendant will be entitled to a new sanity trial

before a new jury. Y our job is only to decide whether the defendant was

legally sane or insane at the time of the crime[s]. Y ou must not speculate

as to whether (he/she) is currently sane or may be found sane in the

future. Y ou must not let any consideration about where the defendant

may be confined, or for how long, affect your decision in any way.]

[Y ou may find that at times the defendant was legally sane and at other

times was legally insane. Y ou must determine whether (he/she) was

legally insane when (he/she) committed the crime.]

[If you conclude that the defendant was legally sane at the time (he/she)

committed the crime[s], then it is no defense that (he/she) committed the

crime[s] as a result of an uncontrollable or irresistible impulse.]

If, after considering all the evidence, all twelve of you conclude the

defendant has proved that it is more likely than not that (he/she) was

legally insane when (he/she) committed the crime[s], you must return a

verdict of not guilty by reason of insanity.

New January 2006; Revised April 2008, October 2010, August 2014, August 2015,

September 2017