Conditions for finding of not guilty by reason of lack of mental responsibility

Notwithstanding the provisions of § 33-10-155 , the accused shall be found not guilty only by reason of lack of mental responsibility if: (1) A majority of the members of the court-martial present at the time the vote is taken determines that the defense of lack of mental responsibility has been established; or (2) In the case of a court-martial composed of a military judge only or a summary court-martial officer, the military judge or summary court-martial officer determines that the defense of lack of mental responsibility has been established. Source: SL 2012, ch 175, § 131.