MBE Rules · Criminal Law
Voluntary intoxication (specific intent)
The rule
Voluntary intoxication may be a defense to a specific-intent crime if it prevented the defendant from forming the required specific intent. It is never a defense to general-intent, malice, or strict-liability crimes. Involuntary intoxication (unknowing or coerced) is treated like insanity and may be a defense to any crime.
In plain English
Being drunk can negate the mental state for crimes like larceny, burglary, or first-degree premeditated murder, but not for battery, rape, or depraved-heart murder.
The trap
Voluntary intoxication cannot reduce depraved-heart or felony murder because those do not require intent to kill.
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