intoxication

intoxication, n. A diminished ability to act with full mental and physical capabilities because of alcohol or drug consumption; drunkenness. See Model Penal Code § 2.08. [Cases: Criminal Law 52–57; Homicide 821; Negligence 239, 535(14). C.J.S. Criminal Law §§ 109–113; Negligence §§ 128–129, 252.] — intoxicate, vb.

culpable intoxication. See voluntary intoxication.

involuntary intoxication. The ingestion of alcohol or drugs against one’s will or without one’s knowledge. • Involuntary intoxication is an affirmative defense to a criminal or negligence charge. [Cases: Criminal Law 56. C.J.S. Criminal Law § 111.]

pathological intoxication. An extremely exaggerated response to an intoxicant. • This may be treated as involuntary intoxication if it is unforeseeable.

public intoxication. The appearance of a person who is under the influence of drugs or alcohol in a place open to the general public. • In most American jurisdictions, public intoxication is considered a misdemeanor, and in some states, alcoholism is a defense if the offender agrees to attend a treatment program. [Cases: Chemical Dependents

4. 1.]

self-induced intoxication. See voluntary intoxication.

voluntary intoxication. A willing ingestion of alcohol or drugs to the point of impairment done with the knowledge that one’s physical and mental capabilities would be impaired. • Voluntary intoxication is not a defense to a general-intent crime, but may be admitted to refute the existence of a particular state of mind for a specific-intent crime.

— Also termed culpable intoxication; self-induced intoxication.


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