§ 18-1-804 — Intoxication

Colorado § 18-1-804

• Jurisdiction: Colorado
• Title 18: Criminal
• Art.: Provisions Applicable to

Text

(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.

(2) Intoxication does not, in itself, constitute mental disease or defect within
the meaning of section 18-1-802.

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

(4) Intoxication, as used in this section means a disturbance of mental or
physical capacities resulting from the introduction of any substance into the body.

(5) 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.

Legislative History

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