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14-5106. Involuntary intoxication; defined.1

            An issue you must consider in this case is whether the defendant was intoxicated and if so, whether the intoxication was involuntary.

            Intoxication is involuntary if:2

            [a person is forced to become intoxicated against the person’s will]

            [a person becomes intoxicated by using (alcohol)3 (drugs) without knowing the intoxicating character of the (alcohol)3 (drugs) and without willingly assuming the risk of possible intoxication].

USE NOTES

            1.         If this instruction is given, add to the essential elements instruction for the offense charged:

                        [The defendant was not involuntarily intoxicated at the time the offense was committed or, if the defendant was involuntarily intoxicated, then the defendant nonetheless [knew what (he) (she) was doing or understood the consequences of (his) (her) act]3

            [or]

                        [knew that (his) (her) act was wrong]

            [or]

                        [could have prevented (himself) (herself) from committing the act].

            2.         Use only the applicable source of the intoxication.

            3.         Use only the applicable alternative or alternatives.

[As amended, effective January 1, 1997; as amended by Supreme Court Order No. 19-8300-016, effective for all cases pending or filed on or after December 31, 2019.]

 You are being directed to the most recent version of the statute which may not be the version considered at the time of the judgment.