Louisiana Jury Instructions–Civil and Criminal
CHAPTER 2 Criminal Jury Instructions
XXIII. Defenses to a Criminal Charge
C. Other Defenses

§ 23.15 Voluntary Intoxication

La. R. S. 14:15 addresses the intoxication as a defense and provides that intoxication or being under the influence of drugs at the time of the commission of a crime is “immaterial.”

The fact that a person was voluntarily intoxicated (drugged) at the time of the commission of the crime for which he is charged is not defense. If you find that the Defendant was voluntarily intoxicated or under a drugged condition at the time of the crime, you may not consider that as a defense which could exonerate the Defendant.

However, where the circumstances indicate that the Defendant’s intoxication or drugged condition has precluded the presence of a specific criminal intent or of special knowledge required in this particular crime, this fact constitutes a defense to a prosecution for that crime.

 

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