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.]