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California Penal Code Section 29

Legal Research Home > California Lawyer > Penal Code > California Penal Code Section 29

In the guilt phase of a criminal action, any expert testifying
about a defendant's mental illness, mental disorder, or mental defect
shall not testify as to whether the defendant had or did not have
the required mental states, which include, but are not limited to,
purpose, intent, knowledge, or malice aforethought, for the crimes
charged.  The question as to whether the defendant had or did not
have the required mental states shall be decided by the trier of
fact.

Last modified: January 12, 2009