North Dakota § 12.1-04-02 Intoxication

North Dakota Statutes

§ 12.1-04-02 — Intoxication

North Dakota § 12.1-04-02

Title 12.1Criminal Code

Ch. 12.1-04Juveniles - Intoxication - Fitness to Proceed

This text of North Dakota § 12.1-04-02 (Intoxication) is published on Counsel Stack Legal Research, covering North Dakota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

N.D. Cent. Code § 12.1-04-02 (2026).

Text

1.Intoxication is not a defense to a criminal charge. Intoxication does not, in itself, constitute mental disease or defect within the meaning of section 12.1-04-04. Evidence of intoxication is admissible whenever it is relevant to negate or to establish an element of the offense charged.

2.A person is reckless with respect to an element of an offense even though his disregard thereof is not conscious, if his not being conscious thereof is due to self-induced intoxication.

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1. Intoxication is not a defense to a criminal charge. Intoxication does not, in itself,
constitute mental disease or defect within the meaning of section 12.1-04-04.
Evidence of intoxication is admissible whenever it is relevant to negate or to establish
an element of the offense charged.
2. A person is reckless with respect to an element of an offense even though his
disregard thereof is not conscious, if his not being conscious thereof is due to
self-induced intoxication.