Sec. 3. In all cases in which the defense of insanity is interposed, the jury (or the court if tried by it) shall find whether the defendant is:

(1) guilty;

Terms Used In Indiana Code 35-36-2-3

  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Insanity: refers to the defense set out in IC 35-41-3-6. See Indiana Code 35-36-1-1
  • Mentally ill: means having a psychiatric disorder which substantially disturbs a person's thinking, feeling, or behavior and impairs the person's ability to function. See Indiana Code 35-36-1-1
(2) not guilty;

(3) not responsible by reason of insanity at the time of the crime; or

(4) guilty but mentally ill at the time of the crime.

As added by Acts 1981, P.L.298, SEC.5.