§ 423 — Involuntary intoxication as a defense

In any prosecution for an offense it is a defense that, as a result of intoxication which is not voluntary, the actor at the time of the conduct lacked substantial capacity to appreciate the wrongfulness of the conduct or to perform a material element of the offense, or lacked sufficient willpower to choose whether the person would do the act or refrain from doing it.

Legislative History

11 Del. C. 1953, § 423; 58 Del. Laws, c. 497, § 1 ; 70 Del. Laws, c. 186, § 1