Intoxication is another defense that focuses on the defendant’s inability to form the requisite criminal intent. In general, intoxication can b e based on the defendant’s use of alcohol, legal drugs, or illegal drugs. The Model Penal Code defines intoxication as “a disturbance of mental or physical capacities resulting from the introduction of substances into the body” (Model Penal Code § 2.08(5) (a)). The intoxication defense could be perfect or imperfect, statutory or common law, depending on the jurisdiction. Intoxication is a state that is achieved either voluntarily or involuntarily. Most states frown on the use of voluntary intoxication as a defense, and allow it only to reduce the severity of the crime charged. 1 Recall from The Elements of a Crime that if a defendant voluntarily undertakes action, such as drinking or ingesting drugs, thevoluntary act requirement is met. Conduct that occurs after the voluntary intoxication probably is not excused unless the intoxication prevents the defendant from forming the criminal intent required for the offense. 2 If the crime charged is a reckless intent crime, voluntary intoxication rarely provides even an imperfect defense. 3
Involuntary intoxication is more likely to provide a defense than voluntary intoxication. Generally, a defendant can claim involuntary intoxication if he or she ingested the drug or alcohol unknowingly or under force, duress, or fraud. 4 Involuntary intoxication could affect the defendant’s ability to form criminal intent, thus negating specific intent, dropping murder a degree, or converting murder to manslaughter. The Model Penal Code equates involuntary intoxication with the substantial capacity test, providing “[i]ntoxication which (a) is not self-induced…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” (Model Penal Code § 2.08 (4)).
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