Ky. Rev. Stat. § 501.080 : — KENTUCKY PENAL CODEGENERAL PRINCIPLES OF LIABILITY — Liability - Intoxication TEXT PDF Intoxication is a defense to a criminal charge only if such condition either: (1) Negatives the existence of an element of the offense; or (2) Is not voluntarily produced and deprives the defendant of substantial capacity either to appreciate the criminality of his conduct or to conform his conduct to the requirements of the law. KRS 501.080 Effective:1/1/1975 Created 1974 Ky. Acts ch. 406, sec. 18, effective1/1/1975.