§ 5-2-312 - Lack of capacity -- Affirmative defense.
               	 		
5-2-312.    Lack of capacity -- Affirmative defense.
    (a)    (1)  It  is an affirmative defense to a prosecution that at the time the  defendant engaged in the conduct charged he or she lacked capacity as a  result of mental disease or defect to:
            (A)  Conform his or her conduct to the requirements of law; or
            (B)  Appreciate the criminality of his or her conduct.
      (2)  When  the affirmative defense of mental disease or defect is presented to a  jury, prior to deliberations the jury shall be instructed regarding the  disposition of a defendant acquitted on a ground of mental disease or  defect pursuant to    5-2-314.
(b)  As  used in the Arkansas Criminal Code, "mental disease or defect" does not  include an abnormality manifested only by repeated criminal or  otherwise antisocial conduct.
(c)  When  a defendant is acquitted on a ground of mental disease or defect, the  verdict and judgment shall state that the defendant was acquitted on a  ground of mental disease or defect.