IN IJA 10.1300 Intoxication—Involuntary.

IN IJA 10.1300 Intoxication—Involuntary.

State: Indiana

Indiana Judges Association (IJA) (2017)

CHAPTER 10 DEFENSES RELATING TO CULPABILITY

Instruction No. 10.1300 Intoxication—Involuntary.

I.C. 35–41–3–5.

Involuntary intoxication is a defense to the crime of (insert name of crime). Involuntary intoxication occurs when the Defendant commits the crime charged while intoxicated and the intoxication has resulted from the introduction of a substance into the body of the Defendant [without Defendant’s consent] [when the Defendant did not know the substance might cause intoxication.]

Involuntary intoxication is a defense to the crime charged if the intoxication rises to the level that the Defendant was unable to appreciate the wrongfulness of the conduct at the time of the offense.

The Defendant has the burden to prove the defense of involuntary intoxication by a preponderance of the evidence.

By | 2018-03-11T12:22:56+00:00 March 11th, 2018|Comments Off on IN IJA 10.1300 Intoxication—Involuntary.