1. (1) The applicable test of insanity shall be:

   1. (a) A person who is so diseased or defective in mind at the time of the commission of the act as to be incapable of distinguishing right from wrong with respect to that act is not accountable; except that care should be taken not to confuse such mental disease or defect with moral obliquity, mental depravity, or passion growing out of anger, revenge, hatred, or other motives and kindred evil conditions, for, when the act is induced by any of these causes, the person is accountable to the law; or
   2. (b) A person who suffered from a condition of mind caused by mental disease or defect that prevented the person from forming a culpable mental state that is an essential element of a crime charged, but care should be taken not to confuse such mental disease or defect with moral obliquity, mental depravity, or passion growing out of anger, revenge, hatred, or other motives and kindred evil conditions because, when the act is induced by any of these causes, the person is accountable to the law.
2. (2) Repealed.
3. (3) This section applies to offenses committed on or after July 1, 1995.

Source: L. 95: Entire section added, p. 71, § 2, effective July 1. L. 2020: (2) amended, (SB 20-221), ch. 279, p. 1365, § 2, effective July 13. L. 2021: IP(2) amended, (SB 21-266), ch. 423, p. 2800, § 14, effective July 2. L. 2025: (2) repealed and (3) amended, (HB 25-1058), ch. 15, p. 38, § 2, effective August 6.

Cross references: For the legislative declaration in SB 20-221, see section 1 of chapter 279, Session Laws of Colorado 2020.