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Criminal Law • Excuse
CRIMLAW#025
Legal Definition
Involuntary intoxication is the taking of an intoxicating substance either (1) without knowledge of its nature, (2) under direct duress from another, or (3) pursuant to medical advice while unaware of the substance's intoxicating effect. It is a defense to all crimes if the intoxication renders the defendant "insane" under the applicable test.
Plain English Explanation
The classic example of involuntary intoxication is when someone makes weed brownies and gives them out to people without telling them. Though everyone intended to eat a brownie, they weren't aware that it was a brownie that would get them high, so it's hard to fault them for things they may do as a result of that intoxication.
Likewise, if someone forces someone to consume an intoxicating substance, the resulting intoxication is "involuntary" since it is the result of them being forced to take the substance.
Another example of involuntary intoxication occurs when someone is prescribed medication but isn't made aware that the medication can have an intoxicating effect (which is why you usually have to talk to a pharmacist when getting new medications that can have such results).
When someone is involuntarily intoxicated, they are practically considered to be insane, which means you'll need to pair this with one of the insanity tests covered in other cards and substitute the intoxication with mental illness.
Likewise, if someone forces someone to consume an intoxicating substance, the resulting intoxication is "involuntary" since it is the result of them being forced to take the substance.
Another example of involuntary intoxication occurs when someone is prescribed medication but isn't made aware that the medication can have an intoxicating effect (which is why you usually have to talk to a pharmacist when getting new medications that can have such results).
When someone is involuntarily intoxicated, they are practically considered to be insane, which means you'll need to pair this with one of the insanity tests covered in other cards and substitute the intoxication with mental illness.
Related Concepts
How does the age of a perpetrator affect their criminal liability?
Under the Durham Test ("But For"), when is a defendant insane?
Under the Irresistible Impulse Test (volitional), when is a defendant insane?
Under the M'Naghten Test (cognitive), when is a defendant insane?
Under the Model Penal Code test (M'Naghten + Irresistible Impulse), when is a defendant insane?
Under what circumstances is assault a specific or general intent crime?
What are the most common excuses to committing crimes?
What is aggravated kidnapping?
What is criminal battery?
What is kidnapping?
What is voluntary intoxication, and when is it a valid defense?
