Medical/Legal Issues

There are definite legal and medical implications for a criminal offence committed during a parasomniac phase, as the offender is not held responsible for the act.

Parasomnias cover a wide variety of peculiar, distressing, and potentially dangerous sleep behaviors. These bizarre and frightening nocturnal experiences are not a manifestation of psychologic or psychiatric disorders and can be explained otherwise. However, there are definite medical and legal implications for a criminal offense committed during a parasomniac phase, as the offender is not held responsible for the act

Medical Issues

Parasomnias can adversely affect Obstructive Sleep Apnea(OSA)/Snoring by interfering with nasal continuous positive-pressure therapy
Wakefulness, REM sleep, and NREM sleep may occur simultaneously or in dissociated or incomplete forms to produce Primary Sleep Parasomnias.
Dysfunction of other organ systems may manifest during the sleep state, resulting in secondary Parasomnias

Legal Issues

Parasomnias often are misdiagnosed and inappropriately treated as psychiatric disorders.
Experienced sleep professionals should evaluate patients with these disorders.
Parasomnias also may have forensic implications. Accidents, homicides, and suicides may occur during these bizarre nocturnal experiences
Failing to advise patients and/or their caretakers about the risks of injury to self or others could be construed as punishable, depending on the extent of the damage sustained.
Failure to look for an underlying cause for one of the parasomnias, especially when the onset is in adulthood, also could be punishable.