Del. P.J.I. Crim. No. 5.2

INVOLUNTARY INTOXICATION

The defendant has asserted the defense of involuntary intoxication.

There are two elements for involuntary intoxication:

First, the defendant was involuntarily intoxicated; and

Second, as the result of the involuntary intoxication, the defendant lacked

substantial capacity to appreciate the wrongfulness of [his/her] conduct, or lacked

the substantial capacity to form the intention to commit the crime, or lacked

sufficient willpower to choose whether [he/she] would commit or not commit the

crime.

“Intoxication” means the inability to control one’s mental faculties due to

the introduction of substances into the body. The defendant was involuntarily

intoxicated if [he/she] did not [himself/herself] knowingly introduce the

intoxicating substance into [his/her] body; or if the intoxicating substance was

introduced into the defendant’s body without [his/her] knowledge or consent.

Addiction to an intoxicating substance does not make consumption of that

substance involuntary. Use of an intoxicating substance because of an addiction is

considered voluntary intoxication.

“Voluntary intoxication” means intoxication caused by substances which a

person knowingly introduces into the body. The person must know, or the person

should know, that these substances tend to cause intoxication. Voluntary

intoxication is no defense to any crime.

However, if a person introduces the substances pursuant to medical advice

or pursuant to coercion by the use of force or threat of force against the person,

which a reasonable person in [his/her] situation would have been unable to resist,

the intoxication is not voluntary.

If, after considering all the evidence tending to support the defense of

involuntary intoxication, you find that the evidence raises a reasonable doubt in

your mind about the defendant’s guilt, you must find the defendant not guilty of

the crime charged. You must consider evidence of involuntary intoxication along

with all other evidence in determining whether the State has satisfied its burden of

proving the defendant’s guilt beyond a reasonable doubt.