DE · jury_instructions
Del. P.J.I. Crim. No. 5.3
Voluntary Intoxication [No Defense]
VOLUNTARY INTOXICATION [NO DEFENSE]
If a person committed a crime while intoxicated, or committed the crime
because of such intoxication, voluntary intoxication is not a defense.
"Intoxication" means the inability to control one's mental faculties due to
the introduction of substances into the body.
"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. However, if the
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.
Addiction to an intoxicating substance does not make consumption of that
substance involuntary. Use of an intoxicating substance because of an addiction is
considered to be voluntary intoxication.
Provenance
- Source
- courts.delaware.gov
- Retrieved
- 2026-09-23
- Edition
- crim-2022-03-14
- Content hash
dcd5d8675504e82dbf16d4e7cc19f4496849edaadbbf4add13208e7e8343b218
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