New Jersey § 2C:2-8 Intoxication

New Jersey Statutes

§ 2C:2-8 — Intoxication

New Jersey § 2C:2-8

Title 2CTHE NEW JERSEY CODE OF CRIMINAL JUSTICE

This text of New Jersey § 2C:2-8 (Intoxication) is published on Counsel Stack Legal Research, covering New Jersey primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

N.J. Stat. Ann. § 2C:2-8 (2026).

Text

a.Except as provided in subsection d. of this section, intoxication of the actor is not a defense unless it negatives an element of the offense.

b.When recklessness establishes an element of the offense, if the actor, due to self-induced intoxication, is unaware of a risk of which he would have been aware had he been sober, such unawareness is immaterial.

c.Intoxication does not, in itself, constitute mental disease within the meaning of chapter 4.

d.Intoxication which (1) is not self-induced or (2) is pathological is an affirmative defense if by reason of such intoxication the actor at the time of his conduct did not know the nature and quality of the act he was doing, or if he did know it, that he did not know what he was doing was wrong. Intoxication under this subsection must be pr

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a. Except as provided in subsection d. of this section, intoxication of the actor is not a defense unless it negatives an element of the offense. b. When recklessness establishes an element of the offense, if the actor, due to self-induced intoxication, is unaware of a risk of which he would have been aware had he been sober, such unawareness is immaterial. c. Intoxication does not, in itself, constitute mental disease within the meaning of chapter 4. d. Intoxication which (1) is not self-induced or (2) is pathological is an affirmative defense if by reason of such intoxication the actor at the time of his conduct did not know the nature and quality of the act he was doing, or if he did know it, that he did not know what he was doing was wrong. Intoxication under this subsection must be proved by clear and convincing evidence. e. Definitions. In this section unless a different meaning plainly is required: (1) "Intoxication" means a disturbance of mental or physical capacities resulting from the introduction of substances into the body; (2) "Self-induced intoxication" means intoxication caused by substances which the actor knowingly introduces into his body, the tendency of which to cause intoxication he knows or ought to know, unless he introduces them pursuant to medical advice or under such circumstances as would afford a defense to a charge of crime; (3) "Pathological intoxication" means intoxication grossly excessive in degree, given the amount of the intoxicant, to which the actor does not know he is susceptible. L.1978, c. 95, s. 2C:2-8, eff. Sept. 1, 1979. Amended by L.1983, c. 306, s. 1, eff. Aug. 26, 1983.