Last updated: 2/28/2006
3.6(d). Voluntary Intoxication
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Description
3.6(d) VOLUNTARY INTOXICATION A defense asserted in this case is voluntary intoxication by use of [alcohol] [drugs]. The use of [alcohol] [drugs] to the extent that it merely arouses passions, diminishes perceptions, releases inhibitions or clouds reason and judgment does not excuse the commission of a criminal act. However, where a certain mental state is an essential element of a crime, and a person was so intoxicated that he or she was incapable of forming that mental state, the mental state would not exist and therefore the crime could not be committed. emeditated design to [other mental state] is an essentia l element of the crime of [crime charged]. Therefore, if you find from the evidence that the defendant was so intoxicated from the voluntary use of [alcohol] [drugs] as to be incapable of foring [the intent to mmeditated design [specific intent charged]] [premeditated design me charged]. Voluntary intoxication is not a defense to (lesser included crimes) (crimes charged in additional counts).
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