Montana Statutes
§ 45-2-203 — Responsibility -- Intoxicated Condition
Montana·Title 45 CRIMES·Ch. 2 GENERAL PRINCIPLES OF LIABILITY·Part 2 Other Factors Affecting Individual Liability
45-2-203 . Responsibility -- intoxicated condition. A person who is in an intoxicated condition is criminally responsible for the person's conduct, and an intoxicated condition is not a defense to any offense and may not be taken into consideration in determining the existence of a mental state that is an element of the offense unless the defendant proves that the defendant did not know that it was an intoxicating substance when the defendant consumed, smoked, sniffed, injected, or otherwise ingested the substance causing the condition.
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Legislative History
En. 94-2-109 by Sec. 1, Ch. 513, L. 1973; amd. Sec. 53, Ch. 329, L. 1974; R.C.M. 1947, 94-2-109 ; amd. Sec. 1, Ch. 251, L. 1987; amd. Sec. 1636, Ch. 56, L. 2009.
Nearby Sections
15
§ 45-2-101
General Definitions§ 45-2-102
Substitutes For Negligence And Knowledge§ 45-2-104
Absolute Liability§ 45-2-202
Voluntary Act§ 45-2-203
Responsibility -- Intoxicated Condition§ 45-2-204
Liability Of Firefighters§ 45-2-205
Through 45-2-210 Reserved§ 45-2-211
Consent As Defense§ 45-2-212
Compulsion§ 45-2-213
Entrapment§ 45-2-301
Accountability For Conduct Of Another§ 45-2-302
When Accountability Exists