Montana § 45-2-203 Responsibility -- Intoxicated Condition

Montana Statutes

§ 45-2-203 — Responsibility -- Intoxicated Condition

Montana § 45-2-203

Title 45CRIMES

Ch. 2GENERAL PRINCIPLES OF LIABILITY

Part 2Other Factors Affecting Individual Liability

This text of Montana § 45-2-203 (Responsibility -- Intoxicated Condition) is published on Counsel Stack Legal Research, covering Montana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Mont. Code Ann. § 45-2-203 (2026).

Text

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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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.

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.