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Conn. Crim. Jury Instr. 2.7-1

Intoxication

activein force · 2007-12-01 – presentas-observed

There has been some evidence to the effect that the defendant was under the influence of an

intoxicant, namely <insert type of intoxicant>, at the time of the alleged act[s]. The statute

pertaining to intoxication reads in pertinent part as follows:

intoxication shall not be a defense to a criminal charge, but in any prosecution for an

offense evidence of intoxication of the defendant may be offered by the defendant

whenever it is relevant to negate an element of the crime charged.

“Intoxication” is defined by statute as a substantial disturbance of mental or physical capacities

resulting from the introduction of substances into the body.

If you find that the defendant was under the influence of an intoxicant at the time of the alleged

act[s], you must then determine what effect, if any, this voluntary intoxication had on (his/her)

ability to form the specific intent required to commit the alleged crime[s].

Note that intoxication is not a defense to or an excuse for the commission of a crime. It is only

relevant to negate an element of the crime charged, such as intent. If you find that the defendant

was intoxicated at the time of the crime, you may take this fact into consideration in determining

whether (he/she) was in such a state of intoxication as to be incapable of forming the required

specific intent, which is a necessary element for the commission of the crime[s] of <insert

crime(s) charged>.

If you believe that the defendant, although intoxicated, was still capable of forming a specific

criminal intent, then the defendant’s responsibility is the same as if (he/she) were not intoxicated.

You must first decide whether the defendant was intoxicated at the time of the alleged crime; and

second, whether the defendant was incapable of forming an intent to commit the acts constituting

the crime[s] of <insert crime(s) charged>. Remember, the defendant does not have to prove that

(he/she) was intoxicated. The state always has the burden of proving beyond a reasonable doubt

that the defendant was capable of forming the required intent. Any degree of intoxication, not

merely total intoxication, may be considered in determining whether the defendant possessed the

requisite intent.

Provenance

Source
jud.ct.gov
Retrieved
2026-08-23
Edition
2026-08-23
Content hash
0959068e54b9e2bfe3f6b1dad0e468f58b8ab5f6a757f7eaca18a0ccce3a1016
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Conn. Crim. Jury Instr. 2.7-1 — Intoxication · binding.law