![]() The issue of the defendant's intoxication at the time of the conduct alleged only presents difficulty when evidence of intoxication is sought to be introduced to disprove, or raise a reasonable doubt, that the defendant had the mental culpability requisite for liability for the offense charged (or for any offense at all). The Code attempts to treat the issue of the defendant's intoxication at the time of the conduct alleged the same as any other evidence bearing on the defendant's conduct and state of mind. Physical or mental disease, disorder, or defect excluding penal responsibility, see §704-400. In subsection (5), paragraph designations deleted and definitions rearranged pursuant to §23G-15. "Self-induced intoxication" means intoxication caused by substances which the defendant knowingly introduces into the defendant's body, the tendency of which to cause intoxication the defendant knows or ought to know, unless the defendant introduces them pursuant to medical advice or under such circumstances as would afford a defense to a charge of a penal offense. "Pathological intoxication" means intoxication grossly excessive in degree, given the amount of the intoxicant, to which the defendant does not know the defendant is susceptible and which results from a physical abnormality of the defendant. "Intoxication" means a disturbance of mental or physical capacities resulting from the introduction of substances into the body. Is a defense if by reason of the intoxication the defendant at the time of the defendant's conduct lacks substantial capacity either to appreciate its wrongfulness or to conform the defendant's conduct to the requirements of law. ![]() (3) Intoxication does not, in itself, constitute a physical or mental disease, disorder, or defect within the meaning of section 704-400. Evidence of self-induced intoxication of the defendant is not admissible to negative the state of mind sufficient to establish an element of the offense. Evidence of self-induced intoxication of the defendant is admissible to prove or negative conduct or to prove state of mind sufficient to establish an element of an offense. (2) Evidence of the nonself-induced or pathological intoxication of the defendant shall be admissible to prove or negative the conduct alleged or the state of mind sufficient to establish an element of the offense. ![]() (1) Self-induced intoxication is prohibited as a defense to any offense, except as specifically provided in this section. ![]()
0 Comments
Leave a Reply. |