76-2-306. Voluntary intoxication.
Voluntary intoxication shall not be a defense to a criminal charge unless such intoxication
negates the existence of the mental state which is an element of the offense; however, if
recklessness or criminal negligence establishes an element of an offense and the actor is unaware
of the risk because of voluntary intoxication, his unawareness is immaterial in a prosecution for
that offense.
Enacted by Chapter 196, 1973 General Session
Download Code Section Zipped WordPerfect 76_02_030600.ZIP 1,666 Bytes
Sections in this Chapter|Chapters in this Title|All Titles|Legislative Home Page
Last revised: Thursday, May 28, 2009