California Criminal Jury Instructions (CALCRIM 2023)
625. Voluntary Intoxication: Effects on Homicide Crimes (Pen. Code, § 29.4)
You may consider evidence, if any, of the defendant’s voluntary intoxication only in a limited way. You may consider that evidence only in deciding whether the defendant acted with an intent to kill[,] [or] [the defendant acted with deliberation and premeditation[,]] [[or] the defendant was unconscious when (he/she) acted[,]] [or the defendant ______________ .]
A person is voluntarily intoxicated if he or she becomes intoxicated by willingly using any intoxicating drug, drink, or other substance knowing that it could produce an intoxicating effect, or willingly assuming the risk of that effect.
You may not consider evidence of the defendant’s voluntary intoxication for any other purpose.
New January 2006; Revised August 2014, February 2016, March 2019, October 2021
[230529]