Intoxication.

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(1) Intoxication of the accused is not a defense to a criminal charge, except as provided in subsection (3) of this section, but in any prosecution for an offense, evidence of intoxication of the defendant may be offered by the defendant when it is relevant to negative the existence of a specific intent if such intent is an element of the crime charged.

  1. Intoxication does not, in itself, constitute mental disease or defect within the meaningof section 18-1-802.

  2. A person is not criminally responsible for his conduct if, by reason of intoxicationthat is not self-induced at the time he acts, he lacks capacity to conform his conduct to the requirements of the law.

  3. "Intoxication", as used in this section means a disturbance of mental or physicalcapacities resulting from the introduction of any substance into the body.

  4. "Self-induced intoxication" means intoxication caused by substances which the defendant knows or ought to know have the tendency to cause intoxication and which he knowingly introduced or allowed to be introduced into his body, unless they were introduced pursuant to medical advice or under circumstances that would afford a defense to a charge of crime.

Source: L. 71: R&RE, p. 412, § 1. C.R.S. 1963: § 40-1-904.


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