10 Minn. Prac., Jury Instr. Guides–Criminal CRIMJIG 7.03 (6th ed.)

July 2016 update

Part I. The General Part

B. General Principles of Criminal Law

Chapter 7. Defenses—Miscellaneous

CRIMJIG 7.03 Intoxication—Voluntary

The defendant has asserted a defense of intoxication. It is generally not a defense to a crime that the defendant was intoxicated at the time of the act if the defendant voluntarily became intoxicated. However, if an element of the crime requires that the defendant had a particular intent, you should consider whether the defendant was intoxicated, and if so, whether the defendant was capable of forming the required intent. The burden of establishing intoxication is on the defendant. The defendant must prove the claim of intoxication by the greater weight of the evidence. The greater weight of the evidence means that the evidence must lead you to believe that it is more likely that the claim is true than not true. If the evidence does not lead you to believe that it is more likely that the claim is true than not true, then the claim has not been proven.

However, the State must prove beyond a reasonable doubt that the defendant had the required intent.