CHAPTER 30. IMPUTATION OF OFFENSE ELEMENTS
Section 31 – Voluntary Intoxication
(a) Except as provided in Section 54 (Involuntary Intoxication) or
Subsection (b), evidence of a person’s intoxication at the time of committing an
offense is admissible to negate a required culpability element of the offense.
(b) Imputation of Recklessness. If, due to voluntary intoxication, a
person is unaware of a risk of which he would have been aware had he been
sober, recklessness as defined in Section 24(e) is imputed to him.
(c) Voluntary Intoxication. Intoxication is voluntary if it is:
(1) caused by substances that the person knowingly introduces
into his body, being reckless as to the resulting intoxication, unless the
person introduces the substances pursuant to medical advice or under
such circumstances as would afford a justification or excuse defense;
and
(2) not grossly excessive in degree, given the amount of the
intoxicant, to which the person does not know and could not reasonably
be expected to know he is susceptible.(d) Definition. “Intoxication” means a disturbance of mental or physical
capacities resulting from the introduction of substances into the body.
CHAPTER 50. EXCUSE DEFENSES
Section 54 – Involuntary Intoxication
(a) A person is excused for his offense if, at the time of the offense, as a
result of involuntary intoxication, he lacks substantial capacity:(1) to accurately perceive the physical nature or physical
consequences of his conduct constituting the offense, or
(2) to appreciate the wrongfulness of his conduct constituting the
offense, or
(3) to control his conduct constituting the offense so as to be
justly held accountable for it.
(b) Involuntary Intoxication. Intoxication is involuntary if it is:
(1) caused by substances that the person did not knowingly
introduce into his body, or
(2) grossly excessive in degree, given the amount of intoxicant, to
which he does not know and could not reasonably be expected to know
he is susceptible.
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;