(a) Except as provided in subdivision (b), testimony in the form of an opinion or inference otherwise admissible is not objectionable because it embraces an ultimate issue to be decided by the trier of fact.
(b) No expert witness testifying with respect to the mental state or condition of a defendant in a criminal case may state an opinion or inference as to whether the defendant did or did not have the mental state or condition constituting an element of the crime charged or of a defense thereto. Such ultimate issues are matters for the trier of fact alone.
(As amended Oct. 12, 1984.)
added in current removed in current
Compared to current version (2025).
(a) Except as provided in subdivision (b), tesIn General -Not Automatically Objectimony in the form of an opinion or inference otherwise admissibleable. An opinion is not objectionable just because it embraces an ultimate issue to be decided by the trier of fact.
(b) No expert witness testifying with respect to the mental state or condition of a defendant in a criminal case may state an opinion or inference as to.
(b) Exception. In a criminal case, an expert witness must not state an opinion about whether the defendant did or did not have thea mental state or condition that constitutinges an element of the crime charged or of a defense thereto. Such ultimate issues ar. Those matters are for the trier of fact alone.
(As amended Oct. 12, 1984Pub. L. 98-473, title II, § 406, Oct. 12, 1984, 98 Stat. 2067; Apr. 26, 2011, eff. Dec. 1, 2011.)