Del. Code 11, § 423 : Crimes And Criminal Procedure — Defenses To Criminal Liability — Involuntary intoxication as a defense

2 Sep 2016

Current through 2016 Legislative Session, Act 399

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.

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