Intoxicated or Drugged Condition

  • Voluntary vs. Involuntary Intoxication:
    • Voluntary: can negate mens rea for specific intent crimes.
      • Ex: getting drunk or high bc you wanted to.
      • Can negate the mens rea of purposefully or knowingly.
        • DOES NOT negate the mens rea of recklessly or negligently.
      • See People v. Atkins, 18 P.3d 660 (Cal. 2001).
    • Involuntary: can serves as a complete defense for mens rea.
      • Exs: getting drugged, not knowing that there was an intoxicating substance you were exposed to, etc.
  • Model Penal Code § 2.08—Intoxication
    • Intoxication is not a defense unless it negates an element of an offense
    • See above for voluntary v. involuntary intoxication.