According to the distinction made between insane and non-insane automatism, what primarily differentiates them?

The distinction between insane and non-insane automatism is primarily based on the source of the malfunctioning mind. Insane automatism arises from a recognized mental disorder, which can affect a person's capacity to understand their actions or control their behavior at the time of the offense. This mental disorder is considered a medical condition that may absolve an individual of criminal liability due to a lack of requisite mental state.

In contrast, non-insane automatism is typically associated with factors that are not related to mental illness, such as a seizure, concussion, or extreme stress, and these factors do not stem from a pathological condition. Here, the individual may not have control over their actions due to an external event or temporary condition, allowing them to potentially use this as a defense against charges.

The other options do not effectively capture the core distinction. The severity of the act does not differentiate between insane and non-insane automatism; both could involve serious offenses but differ in the mental state at the time. The age of the accused is unrelated to the distinction between these states of automatism, as both can occur across different ages without influencing the legal understanding. Similarly, intention behind the act is not a defining factor; automatism inherently deals with the lack of intention due