Title V. Penal Code

Chapter 3. Defences.

§ 301. Intoxication.

    1.    "Intoxication" means a disturbance of mental or physical capacities resulting from the introduction of substances into the body.

    2.    "Self-induced intoxication" means intoxication caused by substances that the defendant knowingly introduces into his body, the intoxicating tendency of which he knows or ought to know, unless he introduces them pursuant to medical advice or under such circumstances as would afford a defence to a charge of crime.

    3.    It is an affirmative defence that the defendant engaged in criminal conduct because of intoxication which was not self-induced, if by reason of such intoxication the defendant at the time of his conduct lacks substantial capacity either to appreciate its criminality or to conform his conduct to the requirements of law.

    4.    When recklessness establishes an element of the crime, and self-induced intoxication renders the defendant unaware of a risk of which he would have been aware had he been sober, the defendant's recklessness is established.

    5.    When negligence establishes an element of the crime, and self-induced intoxication renders the defendant unable to use reasonable care which he would have been able to use had he been sober, the defendant's negligence is established.

Chapter 3                 § 300                 § 302