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Wis JI-Criminal 755B

Involuntary Intoxication or Drugged Condition

activein force · 2015-04-01 – presentas-observed

ADD THE FOLLOWING TO THE INSTRUCTION ON THE OFFENSE

CHARGED IMMEDIATELY AFTER THE DEFINITION OF THE MENTAL

ELEMENT TO WHICH THE EVIDENCE OF INTOXICATION RELATES.

Involuntary Intoxication

Evidence has been presented which, if believed by you, tends to show that the defendant

was involuntarily (intoxicated) (drugged) at the time of the alleged offense. You must

consider this evidence in deciding whether the defendant acted with the (describe mental

state) 1 required for this offense.

(An intoxicated) (A drugged) condition may be a defense to criminal liability if it is

involuntarily produced. (An intoxicated) (A drugged) condition is involuntary when it is

brought about by duress, deceit, or mistake. 2

If the defendant was so (intoxicated) (drugged) that the defendant did not (describe

mental state), you must find the defendant not guilty of (charged crime).

Before you may find the defendant guilty, the State must prove by evidence that satisfies

you beyond a reasonable doubt that the defendant (describe mental state).

History

Wis JI-Criminal 755B (2015). Release No. 53, 4/2015. © 2015, Regents, Univ. of Wis. Prepared by the Wisconsin Criminal Jury Instructions Committee of the Wisconsin Judicial Conference with the University of Wisconsin Law School; posted by the Wisconsin State Law Library with the University's permission.

Provenance

Source
wilawlibrary.gov
Retrieved
2026-09-24
Edition
2026-09-24
Content hash
bdcb078adbfa52855dc9edf11cf850d639087af05e14eacdf72ca099e8c37f60
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