Section 562.076

Title XXXVIII CRIMES AND PUNISHMENT; PEACE OFFICERS AND PUBLIC DEFENDERS

Chapter 562

Effective - 01 Jan 2017, 2 histories, see footnote   

  562.076.  Intoxicated or drugged condition. — 1.  A person who is in an intoxicated or drugged condition, whether from alcohol, drugs or other substance, is criminally responsible for conduct unless such condition is involuntarily produced and deprived him or her of the capacity to know or appreciate the nature, quality or wrongfulness of his or her conduct.

  2.  The defendant shall have the burden of injecting the issue of intoxicated or drugged condition.

  3.  Evidence that a person was in a voluntarily intoxicated or drugged condition may be admissible when otherwise relevant on issues of conduct but in no event shall it be admissible for the purpose of negating a mental state which is an element of the offense.  In a trial by jury, the jury shall be so instructed when evidence that a person was in a voluntarily intoxicated or drugged condition has been received into evidence.

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(L. 1977 S.B. 60, A.L. 1983 S.B. 276, A.L. 1984 S.B. 448 § A--effective 10-1-84, A.L. 1993 S.B. 167, A.L. 2014 S.B. 491)

Effective 1-01-17