N.J. Model Criminal Jury Charge, N.J.S.A. 2C:2-8

Revised 10/18/05

INTOXICATION NEGATING AN ELEMENT OF THE OFFENSE1

(N.J.S.A. 2C:2-8a)

There is evidence in this case concerning the use by the defendant of (intoxicant ) (prior

to and) on the day in question.

Generally a defendant is not relieved of crim inal responsibility because he/she is found to

have acted under the influence of an intoxicating beverage (or drugs). The general assumption is

that every person is normal and is possessed of ordinary faculties. The State need not prove that

the defendant was sober.

You may consider the evidence as to defenda nt's consumption of alcoholic beverages (or

drugs, if appropriate) in determining whether he/she was intoxicated to such a degree that he/she

was incapable of acting (purposely or knowingly)

.

Therefore, once there is some evidence of defendant’s intoxication, the State must prove

beyond a reasonable doubt that such intoxication did not render defendan t incapable of acting

(purposely or knowingly)

.

Intoxication under our law means a disturbance of mental or physical capacities resulting

from the introduction of substances into the body. [N.J.S.A. 2C:2-8e(1)].

In considering the question of intoxicati on, you should carefully di stinguish between the

condition of mind which is merely excited by in toxicating-drink (or drugs) and yet capable of

acting with (purpose or knowledge) , and the condition in which one's mental faculties are so

prostrated as to deprive one of (his/her) will to act and ability to reason, thereby rendering a

person incapable of acting and thus preventing the person from committing the crime charged

with the mental state required of either (purposely or knowingly).

This distinction is important because, as explained, whether or not the defense of

intoxication applies is a factual determination to be made by you.

You may also consider, along with all the ot her evidence, the degree of intoxication in

determining whether or not the defendant was capable of acting with (purpose or knowledge) to

commit the crime charged.

You will recall that I explained to you the elements of ( crime

), one of those elements was

that defendant had to act with (purpose or knowledge).

1 NOTE: Self-induced intoxication can only reduce murder to aggravated manslaughter or manslaughter.

See N.J.S.A. 2C:11-4b(1), State v. Stasio, 78 N.J. 467 (1979), and State v. Maik, 60 N.J. 203, 215 (1972).

INTOXICATION NEGATING AN ELEMENT

OF THE OFFENSE

(N.J.S.A. 2C:2-8a)

(DEFINE PURPOSELY OR KNOWINGLY)

If after considering all the evidence you have a reasonable doubt whether defendant's

intoxication was such as to rende r (him/her) incapable of acting (purposely or knowingly) , then

you must acquit (him/her) of (crime).

If, however, the State has proven to you be yond a reasonable doubt that the defense does

not apply, and that the State has proven all of the elements of (crime) previously defined for you

beyond a reasonable doubt, then you must find the defendant guilty.