{"jurisdiction": "us-ny", "code": "penal", "section": "40.15", "citation": "Penal Law § 40.15", "heading": "Mental disease or defect", "text": ["§ 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."], "official_source": "https://www.nysenate.gov/legislation/laws/PEN/40.15", "from_official_api": true, "plain_english": "A defendant has an **affirmative defense of lack of criminal responsibility by mental disease or defect** if, when acting, the condition left the defendant without substantial capacity to know or appreciate:\n- **(1)** **the nature and consequences of the conduct**; or\n- **(2)** **that the conduct was wrong**. ★", "in_force_on": "2026-05-31", "retrieved": "2026-09-27", "url": "https://elyphived.com/us-ny/penal/40.15", "publisher": "Elyphived LLC"}