BOOK I
General Provisions
PART II
Rules as to Criminal Responsibility
TITLE II
General Explanations
15. Provisions relating to consent
(a) a consent shall be void if the person giving it is under seven years of age, or is, by reason of insanity, or of immaturity, or of any other permanent or temporary incapacity, whether from intoxication or any other cause, unable to understand the nature or consequences of the act to which he or she consents;
BOOK I
General Provisions
PART II
Rules as to Criminal Responsibility
TITLE II
General Explanations
18. Provisions relating to intoxication
(1) Save as provided in this section, intoxication shall not constitute a defence to any criminal charge.
(2) Intoxication shall be a defence to any criminal charge if by reason thereof the person charged at the time of the act or omission complained of did not know that Such act or omission was wrong or did not know what he or she was doing and—
(a) the state of intoxication was caused without his or her consent by the malicious or negligent act of another person; or
(b) the person charged was by reason of intoxication insane, temporarily or otherwise, at the time of such act or omission.
(3) Where the defence under the preceding subsection is established, then in a case falling under paragraph thereof the accused person shall be discharged, and in a case falling under paragraph (b), sections 181 and 182 of the Criminal Procedure Code, Chapter 72B, shall apply.
(4) Intoxication shall be taken into account for the purpose of determining whether the person charged had formed any intention, specific or otherwise, in the absence of which he or she would not be guilty of the offence.
(5) For the purposes of this section, “intoxication” shall be deemed to include a state produced by narcotics or drugs.
1. In addition to other grounds for excluding criminal responsibility provided for in this Statute, a person shall not be criminally responsible if, at the time of that person's conduct:
(b) The person is in a state of intoxication that destroys that person's capacity to appreciate the unlawfulness or nature of his or her conduct, or capacity to control his or her conduct to conform to the requirements of law, unless the person has become voluntarily intoxicated under such circumstances that the person knew, or disregarded the risk, that, as a result of the intoxication, he or she was likely to engage in conduct constituting a crime within the jurisdiction of the Court;