Liability -- Intoxication
Applied in 33 court decisions — leading case Springer v. Commonwealth (1999)
Most recently applied in Roy Edward Tucker v. Commonwealth of Kentucky (September 2017)
Effective: January 1, 1975 History: Created 1974 Ky
Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
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.
Official source: Kentucky General Assembly. Reproduced from public-domain Kentucky statutes; confirm against the official source for the current text. Not legal advice.