§ 5-2-207. Intoxication as defense

Updated:7/24/2013 3:32 PM
Tags:32 AR (0.9%)

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 1. General Provisions (Chapters 1 to 9)

Chapter 2. Principles of Criminal Liability

Subchapter 2. Culpability

§ 5-2-207. Intoxication as defense


(a) Intoxication that is not self-induced intoxication is an affirmative defense to a prosecution if at the time a person engages in the conduct charged to constitute the offense the person lacks capacity to:


(1) Conform his or her conduct to the requirements of the law; or


(2) Appreciate the criminality of his or her conduct.


(b) As used in this section:


(1) “Intoxication” means a disturbance of a mental or physical capacity resulting from the introduction of alcohol, a drug, or another substance into the body; and


(2) “Self-induced intoxication” means intoxication caused by a substance that the actor knowingly introduces into his or her body and the actor knows or ought to know the tendency of the substance to cause intoxication.


CREDIT(S)


Acts of 1975, Act 280, § 207; Acts of 1977, Act 101, § 1.


Formerly A.S.A. 1947, § 41-207.


Current through 2012 Fiscal Sess. and 11/6/2012 election, including changes made by Ark. Code Rev. Comm. received through 11/1/2012, and emerg. eff. acts from 2013 Reg. Sess.: 7, 38, 39, 40, 41, 67, 109, 111, 135, 136, 139, 145, 147, 153, 169, 171, 176, 210, 234, 276, 282, 290, 304, 308, 315, 332, 336, 350, 378, 427, 442, 457, 458, 461, 500, 504, 512, 521, 522, 528, 539, 556, 557, 575, 600 to 602, 713, 747, 969, 990, 999, 1018, 1042, 1065, 1081, 1093, 1095, 1100, 1109, 1169, 1173, 1180, 1184, 1227, 1241, 1271, 1302, 1311, 1315, 1334, 1405, 1413, 1444, 1497, 1498, 1500.



§ 103-B. Involuntary conduct

Updated:7/24/2013 3:48 PM
Tags:41 ME (0.4%)

17-A M.R.S.A. § 103-B



Effective:[See Text Amendments]



Maine Revised Statutes Annotated Currentness

Title 17-A. Maine Criminal Code

Part 1. General Principles

Chapter 5. Defenses and Affirmative Defenses; Justification (Refs & Annos)

§ 103-B. Involuntary conduct


1. It is a defense that, when a person causes a result or engages in forbidden conduct, the person's act or omission to act is involuntary.

2. An omission to act is involuntary if the person fails to perform an act and:


A. The person is not capable of performing the act;


B. The person has no legal duty to perform the act; or


C. The person has no opportunity to perform the act.


3. Possession of something is involuntary if the person:



A. Did not knowingly procure or receive the thing possessed; or


B. Was not aware of the person's control of the possession for a sufficient period to have been able to terminate the person's possession of the thing.



CREDIT(S)



1999, c. 195, § 2.



Current with emergency legislation through Chapter 75 of the 2013 First Regular Session of the 126th Legislature


Section 2.08. Intoxication.

Tags:Model Penal Code

Section 2.08.  Intoxication.

(1)  Except as provided in Subsection (4) of this Section, intoxication of the actor is not a defense unless it negatives an element of the offense. 

(2)  When recklessness establishes an element of the offense, if the actor, due to self‑induced intoxication, is unaware of a risk of which he would have been aware had he been sober, such unawareness is immaterial. 

(3)  Intoxication does not, in itself, constitute mental disease within the meaning of Section 4.01. 

(4)  Intoxication which (a) is not self‑induced or (b) is pathological is an affirmative defense if by reason of such intoxication the actor at the time of his conduct lacks substantial capacity either to appreciate its criminality [wrongfulness] or to conform his conduct to the requirements of law. 

(5)  Definitions.  In this Section unless a different meaning plainly is required: 

(a)  intoxication" means a disturbance of mental or physical capacities resulting from the introduction of substances into the body;

(b)  "self‑induced intoxication" means intoxication caused by substances which the actor knowingly introduces into his body, the tendency of which to cause intoxication he knows or ought to know, unless he introduces them pursuant to medical advice or under such circumstances as would afford a defense to a charge of crime;

(c)  "pathological intoxication" means intoxication grossly excessive in degree, given the amount of the intoxicant, to which the actor does not know he is susceptible.


2C:2-8. Intoxication

Updated:7/18/2013 5:13 PM
Tags:11 NJ (2.8%)

New Jersey Statutes Annotated Currentness

Title 2C. The New Jersey Code of Criminal Justice (Refs & Annos)

Subtitle 1. General Provisions

Chapter 2. General Principles of Liability (Refs & Annos)

2C:2-8. Intoxication


a. Except as provided in subsection d. of this section, intoxication of the actor is not a defense unless it negatives an element of the offense.


b. When recklessness establishes an element of the offense, if the actor, due to self-induced intoxication, is unaware of a risk of which he would have been aware had he been sober, such unawareness is immaterial.


c. Intoxication does not, in itself, constitute mental disease within the meaning of chapter 4. [FN1]


d. Intoxication which (1) is not self-induced or (2) is pathological is an affirmative defense if by reason of such intoxication the actor at the time of his conduct did not know the nature and quality of the act he was doing, or if he did know it, that he did not know what he was doing was wrong. Intoxication under this subsection must be proved by clear and convincing evidence.


e. Definitions. In this section unless a different meaning plainly is required:


(1) “Intoxication” means a disturbance of mental or physical capacities resulting from the introduction of substances into the body;


(2) “Self-induced intoxication” means intoxication caused by substances which the actor knowingly introduces into his body, the tendency of which to cause intoxication he knows or ought to know, unless he introduces them pursuant to medical advice or under such circumstances as would afford a defense to a charge of crime;


(3) “Pathological intoxication” means intoxication grossly excessive in degree, given the amount of the intoxicant, to which the actor does not know he is susceptible.



CREDIT(S)


L.1978, c. 95, § 2C:2-8, eff. Sept. 1, 1979. Amended by L.1983, c. 306, § 1, eff. Aug. 26, 1983.


[FN1] N.J.S.A. § 2C:4-1 et seq.


Current with laws effective through L.2013, c. 50, 52-59 and J.R. No. 8.



35-41-2-5 Intoxication

Updated:7/22/2013 3:40 PM
Tags:16 IN (2.1%)

West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 41. Substantive Criminal Provisions (Refs & Annos)

Chapter 2. Basis of Criminal Liability

35-41-2-5 Intoxication


Sec. 5. Intoxication is not a defense in a prosecution for an offense and may not be taken into consideration in determining the existence of a mental state that is an element of the offense unless the defendant meets the requirements of IC 35-41-3-5.


CREDIT(S)

As added by P.L.210-1997, SEC.3.

Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 41. Substantive Criminal Provisions (Refs & Annos)

Chapter 3. Defenses Relating to Culpability (Refs & Annos)

35-41-3-5 Intoxication

Sec. 5. It is a defense that the person who engaged in the prohibited conduct did so while he was intoxicated, only if the intoxication resulted from the introduction of a substance into his body:

(1) without his consent; or

(2) when he did not know that the substance might cause intoxication.

CREDIT(S)

As added by Acts 1976, P.L.148, SEC.1. Amended by Acts 1977, P.L.340, SEC.10; Acts 1980, P.L.205, SEC.1; P.L.210-1997, SEC.4.

Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.


562.076. Intoxicated or drugged condition

Updated:7/22/2013 3:54 PM
Tags:18 MO (1.9%)

Vernon's Annotated Missouri Statutes Currentness

Title XXXVIII. Crimes and Punishment; Peace Officers and Public Defenders

Chapter 562. General Principles of Liability (Refs & Annos)

562.076. Intoxicated or drugged condition


1. A person who is in an intoxicated or drugged condition, whether from alcohol, drugs or other substance, is criminally responsible for conduct unless such condition is involuntarily produced and deprived him of the capacity to know or appreciate the nature, quality or wrongfulness of his conduct.


2. The defendant shall have the burden of injecting the issue of intoxicated or drugged condition.


3. Evidence that a person was in a voluntarily intoxicated or drugged condition may be admissible when otherwise relevant on issues of conduct but in no event shall it be admissible for the purpose of negating a mental state which is an element of the offense. In a trial by jury, the jury shall be so instructed when evidence that a person was in a voluntarily intoxicated or drugged condition has been received into evidence.


CREDIT(S)


(L.1977, S.B. No. 60, p. 662, § 1, eff. Jan. 1, 1979. Amended by L.1983, p. 924, S.B. No. 276, § 1; L.1984, S.B. No. 448, § A, eff. Oct. 1, 1984; L.1993, S.B. No. 167, § A.)



Statutes are current with emergency legislation approved through May 15, 2013, of the 2013 First Regular Session of the 97th General Assembly. Constitution is current through the November 6, 2012 General Election.


West's Louisiana Statutes Annotated Currentness

Tags:25 LA (1.5%)

West's Louisiana Statutes Annotated Currentness

Louisiana Revised Statutes

Title 14. Criminal Law

Chapter 1. Criminal Code (Refs & Annos)

Part I. General Provisions

Subpart C. Culpability

§ 15. Intoxication



The fact of an intoxicated or drugged condition of the offender at the time of the commission of the crime is immaterial, except as follows:




(1) Where the production of the intoxicated or drugged condition has been involuntary, and the circumstances indicate this condition is the direct cause of the commission of the crime, the offender is exempt from criminal responsibility.



(2) Where the circumstances indicate that an intoxicated or drugged condition has precluded the presence of a specific criminal intent or of special knowledge required in a particular crime, this fact constitutes a defense to a prosecution for that crime.



Current through the 2012 Regular Session.




LSA-R.S. 14:16



Vernon's Texas Statutes and Codes Annotated Currentness

Tags:02 TX (8.3%)

Vernon's Texas Statutes and Codes Annotated Currentness

Penal Code (Refs & Annos)

Title 2. General Principles of Criminal Responsibility

Chapter 8. General Defenses to Criminal Responsibility (Refs & Annos)

§ 8.04. Intoxication


(a) Voluntary intoxication does not constitute a defense to the commission of crime.


(b) Evidence of temporary insanity caused by intoxication may be introduced by the actor in mitigation of the penalty attached to the offense for which he is being tried.


(c) When temporary insanity is relied upon as a defense and the evidence tends to show that such insanity was caused by intoxication, the court shall charge the jury in accordance with the provisions of this section.


(d) For purposes of this section “intoxication” means disturbance of mental or physical capacity resulting from the introduction of any substance into the body.


CREDIT(S)


Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974. Amended by Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1, 1994.


Current through Chapters effective immediately through Chapter 36 of the 2013 Regular Session of the 83rd Legislature


§ 15.25 Effect of intoxication upon liability

Tags:03 NY (6.2%)

McKinney's Penal Law § 15.25

Effective:[See Text Amendments]

McKinney's Consolidated Laws of New York Annotated Currentness

Penal Law (Refs & Annos)

Chapter 40. Of the Consolidated Laws (Refs & Annos)

Part One. General Provisions

Title B. Principles of Criminal Liability

Article 15. Culpability

§ 15.25 Effect of intoxication upon liability

Intoxication is not, as such, a defense to a criminal charge; but in any prosecution for an offense, evidence of intoxication of the defendant may be offered by the defendant whenever it is relevant to negative an element of the crime charged.

CREDIT(S)

(L.1965, c. 1030.)

Current through L.2013, chapter 28.


West's Smith-Hurd Illinois Compiled Statutes Annotated Currentness

Tags:05 IL (4.1%)

West's Smith-Hurd Illinois Compiled Statutes Annotated Currentness

Chapter 720. Criminal Offenses

Criminal Code

Act 5. Criminal Code of 2012 (Refs & Annos)

Title II. Principles of Criminal Liability

Article 6. Responsibility (Refs & Annos)

5/6-3. Intoxicated or drugged condition


§ 6-3. Intoxicated or drugged condition.



A person who is in an intoxicated or drugged condition is criminally responsible for conduct unless such condition is involuntarily produced and deprives him of substantial capacity either to appreciate the criminality of his conduct or to conform his conduct to the requirements of law.




CREDIT(S)



Laws 1961, p. 1983, § 6-3, eff. Jan. 1, 1962. Amended by P.A. 85-670, § 1, eff. Jan. 1, 1988; P.A. 92-466, § 5, eff. Jan. 1, 2002.


Formerly Ill.Rev.Stat.1991, ch. 38, ¶ 6-3.


Current through P.A. 98-16 of the 2013 Reg. Sess.


West's Code of Georgia Annotated Currentness

Tags:08 GA (3.2%)

West's Code of Georgia Annotated Currentness

Title 16. Crimes and Offenses (Refs & Annos)

Chapter 3. Defenses to Criminal Prosecutions (Refs & Annos)

Article 1. Responsibility

§ 16-3-4. Intoxication



(a) A person shall not be found guilty of a crime when, at the time of the act, omission, or negligence constituting the crime, the person, because of involuntary intoxication, did not have sufficient mental capacity to distinguish between right and wrong in relation to such act.




(b) Involuntary intoxication means intoxication caused by:




(1) Consumption of a substance through excusable ignorance; or



(2) The coercion, fraud, artifice, or contrivance of another person.



(c) Voluntary intoxication shall not be an excuse for any criminal act or omission.




CREDIT(S)


Laws 1833, Cobb's 1851 Digest, p. 779; Laws 1968, p. 1249, § 1.



Formerly Code 1863, § 4197; Code 1868, § 4236; Code 1873, § 4301; Code 1882, § 4301; Penal Code 1895, § 39; Penal Code 1910, § 39; Code 1933, § 26-403; Code 1933, § 26-704.



 



West's Annotated Indiana Code Currentness

Tags:16 IN (2.1%)

West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 41. Substantive Criminal Provisions (Refs & Annos)

Chapter 3. Defenses Relating to Culpability (Refs & Annos)

35-41-3-5 Intoxication


Sec. 5. It is a defense that the person who engaged in the prohibited conduct did so while he was intoxicated, only if the intoxication resulted from the introduction of a substance into his body:


(1) without his consent; or


(2) when he did not know that the substance might cause intoxication.



CREDIT(S)


As added by Acts 1976, P.L.148, SEC.1. Amended by Acts 1977, P.L.340, SEC.10; Acts 1980, P.L.205, SEC.1; P.L.210-1997, SEC.4.


Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



West's Tennessee Code Annotated Currentness

Tags:17 TN (2.1%)

West's Tennessee Code Annotated Currentness

Title 39. Criminal Offenses

Chapter 11. General Provisions

Part 5. General Defenses

§ 39-11-503. Intoxication


(a) Except as provided in subsection (c), intoxication itself is not a defense to prosecution for an offense. However, intoxication, whether voluntary or involuntary, is admissible in evidence, if it is relevant to negate a culpable mental state.


(b) If recklessness establishes an element of an offense and the person is unaware of a risk because of voluntary intoxication, the person's unawareness is immaterial in a prosecution for that offense.


(c) Intoxication itself does not constitute a mental disease or defect within the meaning of § 39-11-501. However, involuntary intoxication is a defense to prosecution, if, as a result of the involuntary intoxication, the person lacked substantial capacity either to appreciate the wrongfulness of the person's conduct or to conform that conduct to the requirements of the law allegedly violated.


(d) The following definitions apply in this part, unless the context clearly requires otherwise:


(1) “Intoxication” means disturbance of mental or physical capacity resulting from the introduction of any substance into the body;


(2) “Involuntary intoxication” means intoxication that is not voluntary; and


(3) “Voluntary intoxication” means intoxication caused by a substance that the person knowingly introduced into the person's body, the tendency of which to cause intoxication was known or ought to have been known.


CREDIT(S)


1989 Pub.Acts, c. 591, § 1.



Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013



Vernon's Annotated Missouri Statutes Currentness

Tags:18 MO (1.9%)

Vernon's Annotated Missouri Statutes Currentness

Title XXXVIII. Crimes and Punishment; Peace Officers and Public Defenders

Chapter 562. General Principles of Liability (Refs & Annos)

562.076. Intoxicated or drugged condition


1. A person who is in an intoxicated or drugged condition, whether from alcohol, drugs or other substance, is criminally responsible for conduct unless such condition is involuntarily produced and deprived him of the capacity to know or appreciate the nature, quality or wrongfulness of his conduct.


2. The defendant shall have the burden of injecting the issue of intoxicated or drugged condition.


3. Evidence that a person was in a voluntarily intoxicated or drugged condition may be admissible when otherwise relevant on issues of conduct but in no event shall it be admissible for the purpose of negating a mental state which is an element of the offense. In a trial by jury, the jury shall be so instructed when evidence that a person was in a voluntarily intoxicated or drugged condition has been received into evidence.


CREDIT(S)


(L.1977, S.B. No. 60, p. 662, § 1, eff. Jan. 1, 1979. Amended by L.1983, p. 924, S.B. No. 276, § 1; L.1984, S.B. No. 448, § A, eff. Oct. 1, 1984; L.1993, S.B. No. 167, § A.)



Statutes are current with emergency legislation approved through May 15, 2013, of the 2013 First Regular Session of the 97th General Assembly. Constitution is current through the November 6, 2012 General Election.


West's Wisconsin Statutes Annotated Currentness

Tags:20 WI (1.8%)

West's Wisconsin Statutes Annotated Currentness

Crimes (Ch. 938 to 951)

Chapter 939. Crimes--General Provisions (Refs & Annos)

Subchapter III. Defenses to Criminal Liability

939.42. Intoxication


An intoxicated or a drugged condition of the actor is a defense only if such condition:


(1) Is involuntarily produced and renders the actor incapable of distinguishing between right and wrong in regard to the alleged criminal act at the time the act is committed; or


(2) Negatives the existence of a state of mind essential to the crime, except as provided in s. 939.24 (3).


<<For credits, see Historical Note field.>>


Current through 2013 Wisconsin Act 13, published 05/18/2013.



West's Colorado Revised Statutes Annotated Currentness

Tags:22 CO (1.6%)

West's Colorado Revised Statutes Annotated Currentness

Title 18. Criminal Code (Refs & Annos)

 

 

 

§ 18-1-804. Intoxication



(1) Intoxication of the accused is not a defense to a criminal charge, except as provided in subsection (3) of this section, but in any prosecution for an offense, evidence of intoxication of the defendant may be offered by the defendant when it is relevant to negative the existence of a specific intent if such intent is an element of the crime charged.



(2) Intoxication does not, in itself, constitute mental disease or defect within the meaning of section 18-1-802.



(3) A person is not criminally responsible for his conduct if, by reason of intoxication that is not self-induced at the time he acts, he lacks capacity to conform his conduct to the requirements of the law.



(4) “Intoxication”, as used in this section means a disturbance of mental or physical capacities resulting from the introduction of any substance into the body.



(5) “Self-induced intoxication” means intoxication caused by substances which the defendant knows or ought to know have the tendency to cause intoxication and which he knowingly introduced or allowed to be introduced into his body, unless they were introduced pursuant to medical advice or under circumstances that would afford a defense to a charge of crime.




Current with Chapters 1-4, 6, 9, 11, 12, 14, 16, 18, 24, 26, 28, 34, 36-39, 41-44, 46, 47, 49, 51, 53, 54, 56, 60, 63-66, 69-72, 74-76, 78, 82, 84, 85, 88, 89, 91, 92, 95, 98-100, 106, 108, 110, 112, 114, 116, 119, and 121



Code of Alabama Currentness

Tags:23 AL (1.5%)

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 3. Defenses.

Article 1. . Responsibility.

§ 13A-3-2. Intoxication.


(a) Intoxication is not a defense to a criminal charge, except as provided in subsection (c) of this section. However, intoxication, whether voluntary or involuntary, is admissible in evidence whenever it is relevant to negate an element of the offense charged.


(b) When recklessness establishes an element of an offense and the actor is unaware of a risk because of voluntary intoxication, his unawareness is immaterial in a prosecution for that offense.


(c) Involuntary intoxication is a defense to prosecution if as a result the actor lacks capacity either to appreciate the criminality of his conduct or to conform his conduct to the requirements of law.


(d) Intoxication in itself does not constitute mental disease or defect within the meaning of Section 13A-3-1.


(e) In this section:


(1) “Intoxication” includes a disturbance of mental or physical capacities resulting from the introduction of any substance into the body.


(2) “Voluntary intoxication” means intoxication caused by substances that the actor knowingly introduced into his body, the tendency of which to cause intoxication he knows or ought to know, unless he introduces them under circumstances that would afford a defense to a charge of crime.


CREDIT(S)

(Acts 1977, No. 607, p. 812, § 505.)

Current through Act 2013-172 of the 2013 Regular Session.



West's Louisiana Statutes Annotated Currentness

Tags:25 LA (1.5%)

West's Louisiana Statutes Annotated Currentness

Louisiana Revised Statutes

Title 14. Criminal Law

Chapter 1. Criminal Code (Refs & Annos)

Part I. General Provisions

Subpart C. Culpability

§ 15. Intoxication


The fact of an intoxicated or drugged condition of the offender at the time of the commission of the crime is immaterial, except as follows:

(1) Where the production of the intoxicated or drugged condition has been involuntary, and the circumstances indicate this condition is the direct cause of the commission of the crime, the offender is exempt from criminal responsibility.


(2) Where the circumstances indicate that an intoxicated or drugged condition has precluded the presence of a specific criminal intent or of special knowledge required in a particular crime, this fact constitutes a defense to a prosecution for that crime.


Current through the 2012 Regular Session.



Iowa Code Annotated Currentness

Tags:30 IA (1.0%)

Iowa Code Annotated Currentness

Title XVI. Criminal Law and Procedure [Chs. 687-915] (Refs & Annos)

Subtitle 1. Crime Control and Criminal Acts [Chs. 687-747] (Refs & Annos)

Chapter 701. General Criminal Law Provisions (Refs & Annos)

701.5. Intoxicants or drugs


The fact that a person is under the influence of intoxicants or drugs neither excuses the person's act nor aggravates the person's guilt, but may be shown where it is relevant in proving the person's specific intent or recklessness at the time of the person's alleged criminal act or in proving any element of the public offense with which the person is charged.


CREDIT(S)


Added by Acts 1976 (66 G.A.) ch. 1245 (ch. 1), § 105, eff. Jan. 1, 1978.


Current with immediately effective legislation signed as of 5/21/2013 from the 2013 Reg.Sess.


Chapter 1. Preliminary Provisions

Tags:39 ID (0.5%)


I.C. § 18-116


West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 1. Preliminary Provisions

§ 18-116. Intoxication no excuse for crime


A person who is in an intoxicated condition is criminally responsible for his conduct and an intoxicated condition is not a defense to any offense and may not be taken into consideration in determining the existence of a mental state which is an element of the offense unless the defendant proves that he did not know that it was an intoxicating substance when he consumed, smoked, sniffed, injected or otherwise ingested the substance causing the condition.


626:4 Intoxication

Updated:7/24/2013 3:51 PM
Tags:42 NH (0.4%)

N.H. Rev. Stat. § 626:4


Effective:[See Text Amendments]


Revised Statutes Annotated of the State of New Hampshire Currentness

Title LXII. Criminal Code (Ch. 625 to 651-F) (Refs & Annos)

Chapter 626. General Principles

 626:4 Intoxication.


Intoxication is not, as such, a defense. The defendant may, however, introduce evidence of intoxication whenever it is relevant to negate an element of the offense charged, and it shall be taken into consideration in determining whether such element has been proved beyond a reasonable doubt.


Updated with laws current through Chapter 31 of the 2013 Reg. Sess., not including changes and corrections made by the State of New Hampshire, Office of Legislative Services


West's Delaware Code Annotated Currentness

Tags:45 DE (0.3%)

West's Delaware Code Annotated Currentness

Title 11. Crimes and Criminal Procedure

Part I. Delaware Criminal Code

Chapter 4. Defenses to Criminal Liability

§ 422. Intoxication not mental illness


Evidence of voluntary intoxication shall not be admissible for the purpose of proving the existence of mental illness, mental defect, serious mental disorder or psychiatric disorder within the meaning of § 401 of this title.


CREDIT(S)


58 Laws 1972, ch. 497, § 1; 71 Laws 1997, ch. 153, § 1, eff. July 9, 1997; 78 Laws 2012, ch. 224, § 10, eff. April 19, 2012.


Codifications: 11 Del.C. 1953, § 422


Current through 79 Laws 2013, chs. 1 - 24. Revisions by the Delaware Code Revisors were unavailable at the time of publication.


11 Del.C. § 423


Effective:[See Text Amendments]


West's Delaware Code Annotated Currentness

Title 11. Crimes and Criminal Procedure

Part I. Delaware Criminal Code

Chapter 4. Defenses to Criminal Liability

§ 423. Involuntary intoxication as a defense


In any prosecution for an offense it is a defense that, as a result of intoxication which is not voluntary, the actor at the time of the conduct lacked substantial capacity to appreciate the wrongfulness of the conduct or to perform a material element of the offense, or lacked sufficient willpower to choose whether the person would do the act or refrain from doing it.


CREDIT(S)


58 Laws 1972, ch. 497, § 1; 70 Laws 1995, ch. 186, § 1, eff. July 10, 1995.


Codifications: 11 Del.C. 1953, § 423


Current through 79 Laws 2013, chs. 1 - 24. Revisions by the Delaware Code Revisors were unavailable at the time of publication.


11 Del.C. § 424


Effective:[See Text Amendments]


West's Delaware Code Annotated Currentness

Title 11. Crimes and Criminal Procedure

Part I. Delaware Criminal Code

Chapter 4. Defenses to Criminal Liability

§ 424. Definitions relating to intoxication


As used in §§ 421-423 of this title:


(1) "Intoxication" means the inability, resulting from the introduction of substances into the body, to exercise control over one's mental faculties.


(2) "Voluntary intoxication" means intoxication caused by substances which the actor knowingly introduces into the actor's body, the tendency of which to cause intoxication the actor knows or should know, unless the actor introduces them pursuant to medical advice or under such duress as would afford a defense to a prosecution for a criminal offense.


CREDIT(S)


58 Laws 1972, ch. 497, § 1; 70 Laws 1995, ch. 186, § 1, eff. July 10, 1995.


Codifications: 11 Del.C. 1953, § 424


Current through 79 Laws 2013, chs. 1 - 24. Revisions by the Delaware Code Revisors were unavailable at the time of publication.



West's North Dakota Century Code Annotated Currentness

Tags:48 ND (0.2%)

West's North Dakota Century Code Annotated Currentness

Title 12.1. Criminal Code

Chapter 12.1-04. Juveniles--Intoxication--Defenses

§ 12.1-04-02. Intoxication


1. Intoxication is not a defense to a criminal charge. Intoxication does not, in itself, constitute mental disease or defect within the meaning of section 12.1-04-04. Evidence of intoxication is admissible whenever it is relevant to negate or to establish an element of the offense charged.


2. A person is reckless with respect to an element of an offense even though his disregard thereof is not conscious, if his not being conscious thereof is due to self-induced intoxication.


CREDIT(S)


S.L. 1973, ch. 116, § 4; S.L. 1977, ch. 120, § 1; S.L. 1985, ch. 173, § 27.



Current through the 2011 Regular and Special Sessions of the 62nd Legislative Assembly



§ 502. Intoxication.

Tags:National Commission

§ 502. Intoxication.


(1) Defense Precluded. Except as provided in subsection (3), intoxication is not a defense to a criminal charge. Intoxication does not, in itself, constitute mental disease within the meaning of  section 503. Evidence of intoxication is admissible whenever it is relevant to negate or to establish an element of the offense charged.

(2) Recklessness. A person is reckless with respect to an ele­ment of an offense even though his disregard thereof is not conscious, if his not being conscious thereof is due to self-induced intoxication.

(3) When a  Defense. Intoxication which (a) is not self-induced, or (b) if self‑induced, is grossly excessive in degree, given the amount of the intoxicant, to which the actor does not know he is susceptible, is an affirmative defense if by reason of such intoxication the actor at the time of his conduct lacked substantial capacity either to appreciate its criminality or to conform his conduct to the requirements of law.

(4)  Definitions. In this section:

(a) "intoxication" means a disturbance of mental or physical capacities resulting from the introduction of alcohol, drugs or other substances into the body;

(b) "self‑induced intoxication" means intoxication caused by substances which the actor knowingly introduces into his body, the tendency of which to cause intoxication he knows or ought to know, unless he introduces them pursuant to medical advice or under such circumstances as would otherwise afford a defense to a charge of crime.



§ 502. Intoxication.

Tags:National Commission

§ 502. Intoxication.


(1) Defense Precluded. Except as provided in subsection (3), intoxication is not a defense to a criminal charge. Intoxication does not, in itself, constitute mental disease within the meaning of  section 503. Evidence of intoxication is admissible whenever it is relevant to negate or to establish an element of the offense charged.

(2) Recklessness. A person is reckless with respect to an ele­ment of an offense even though his disregard thereof is not conscious, if his not being conscious thereof is due to self-induced intoxication.

(3) When a  Defense. Intoxication which (a) is not self-induced, or (b) if self‑induced, is grossly excessive in degree, given the amount of the intoxicant, to which the actor does not know he is susceptible, is an affirmative defense if by reason of such intoxication the actor at the time of his conduct lacked substantial capacity either to appreciate its criminality or to conform his conduct to the requirements of law.

(4)  Definitions. In this section:

(a) "intoxication" means a disturbance of mental or physical capacities resulting from the introduction of alcohol, drugs or other substances into the body;

(b) "self‑induced intoxication" means intoxication caused by substances which the actor knowingly introduces into his body, the tendency of which to cause intoxication he knows or ought to know, unless he introduces them pursuant to medical advice or under such circumstances as would otherwise afford a defense to a charge of crime.



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West's Arkansas Code Annotated Currentness

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West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 1. General Provisions (Chapters 1 to 9)

Chapter 2. Principles of Criminal Liability

Subchapter 2. Culpability

§ 5-2-207. Intoxication as defense


(a) Intoxication that is not self-induced intoxication is an affirmative defense to a prosecution if at the time a person engages in the conduct charged to constitute the offense the person lacks capacity to:


(1) Conform his or her conduct to the requirements of the law; or


(2) Appreciate the criminality of his or her conduct.


(b) As used in this section:


(1) “Intoxication” means a disturbance of a mental or physical capacity resulting from the introduction of alcohol, a drug, or another substance into the body; and


(2) “Self-induced intoxication” means intoxication caused by a substance that the actor knowingly introduces into his or her body and the actor knows or ought to know the tendency of the substance to cause intoxication.


CREDIT(S)


Acts of 1975, Act 280, § 207; Acts of 1977, Act 101, § 1.


Formerly A.S.A. 1947, § 41-207.


Current through 2012 Fiscal Sess. and 11/6/2012 election, including changes made by Ark. Code Rev. Comm. received through 11/1/2012, and emerg. eff. acts from 2013 Reg. Sess.: 7, 38, 39, 40, 41, 67, 109, 111, 135, 136, 139, 145, 147, 153, 169, 171, 176, 210, 234, 276, 282, 290, 304, 308, 315, 332, 336, 350, 378, 427, 442, 457, 458, 461, 500, 504, 512, 521, 522, 528, 539, 556, 557, 575, 600 to 602, 713, 747, 969, 990, 999, 1018, 1042, 1065, 1081, 1093, 1095, 1100, 1109, 1169, 1173, 1180, 1184, 1227, 1241, 1271, 1302, 1311, 1315, 1334, 1405, 1413, 1444, 1497, 1498, 1500.



West's Kansas Statutes Annotated Currentness

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West's Kansas Statutes Annotated Currentness

Chapter 21. Crimes and Punishments

Article 52. Principles of Criminal Liability

21-5205. Intoxication


(a) The fact that a person charged with a crime was in an intoxicated condition at the time the alleged crime was committed is a defense only if such condition was involuntarily produced and rendered such person substantially incapable of knowing or understanding the wrongfulness of such person's conduct and of conforming such person's conduct to the requirements of law.


(b) An act committed while in a state of voluntary intoxication is not less criminal by reason thereof, but when a particular intent or other state of mind is a necessary element to constitute a particular crime, the fact of intoxication may be taken into consideration in determining such intent or state of mind.


CREDIT(S)


Laws 2010, ch. 136, § 16, eff. July 1, 2011.



Current through 2012 regular session.