South Carolina Requests to Charge – Criminal
PART VI DEFENSES

§ 6-4 Involuntary Intoxication

There are two types of intoxication, voluntary and involuntary. Involuntary intoxication may result from innocently consuming an intoxicant, through being tricked into it by another, or being forced to take it, or perhaps through unanticipated side effects of a prescription drug taken on orders of a physician.

If you find the defendant was given drugs or alcoholic beverages without his knowledge, and as a result, he lost his ability to exercise independent judgment and volition while committing the crimes alleged against him, then it would be your duty to find the defendant not guilty.

• P.S. Watson & W.S. McAninch, Guide to South Carolina Criminal Law and Procedure 165-66 (3d ed. 1990); 21 Am. Jur. 2d Criminal Law §§ 108-09 (1998).

 

[230613]