State Codes and Statutes
Statutes > Missouri > T38 > C562 > 562_076Intoxicated or drugged condition.
562.076. 1. A person who is in an intoxicated or druggedcondition, whether from alcohol, drugs or other substance, iscriminally responsible for conduct unless such condition isinvoluntarily produced and deprived him of the capacity to knowor appreciate the nature, quality or wrongfulness of his conduct.
2. The defendant shall have the burden of injecting theissue of intoxicated or drugged condition.
3. Evidence that a person was in a voluntarily intoxicatedor drugged condition may be admissible when otherwise relevant onissues of conduct but in no event shall it be admissible for thepurpose of negating a mental state which is an element of theoffense. In a trial by jury, the jury shall be so instructedwhen evidence that a person was in a voluntarily intoxicated ordrugged condition has been received into evidence.
(L. 1977 S.B. 60, A.L. 1983 S.B. 276, A.L. 1984 S.B. 448 § A--effective 10-1-84, A.L. 1993 S.B. 167)(2001) Section providing that voluntary intoxication is not per se proof of the inability to form culpable mental state and is irrelevant to the defendant's mental state does not violate the Due Process Clause. Gary v. Dormire, 256 F.3d 753 (8th Cir.).
