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ICJI 1504

Intoxication a Relevant Issue – Defense

activein force · 2024-01-01 – presentas-observed

ICJI 1504 INTOXICATION A RELEVANT ISSUE -- DEFENSE

For the defendant to be guilty of [name of offense], the state must prove the defendant had a particular [state of mind] [purpose] [motive] [intent]. Evidence was offered that the defendant was intoxicated at the time of the alleged offense. If the state has failed to prove such intoxication was voluntary, you may consider the defendant's state of intoxication in determining whether the defendant had that required [state of mind] [purpose] [motive] [intent].

If from all the evidence you have a reasonable doubt whether the defendant was capable of forming such [state of mind] [purpose] [motive] [intent], you must find the defendant not guilty.

Comment

I.C. s 18-116.

If specific intent, state of mind, purpose or motive is an issue and the issue of voluntary intoxication is raised, give this instruction and ICJI 1503.

This instruction should be given only if there is evidence that the defendant was involuntarily intoxicated when committing the offense. See Montana v. Egelhoff, 518 U.S. 37, 116 S.Ct. 2013, 135 L.Ed.2d 361 (1996); State v. Ransom, 137 Idaho 560, 50 P.3d 1055 (Ct. App. 2002).

[Revised July 2005]

Provenance

Source
isc.idaho.gov
Retrieved
2026-08-21
Edition
2026-08-20
Content hash
8c929f57f03cb988f83afadf674618a506f64f3e73fbe2ebf23c2ed86cdc89c3
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