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N.D. Cent. Code § 12.1-04-02

Intoxication

Applied in 1 court decision — leading case People of Guam v. A-Last Amanto Simiron (2021)

Most recently applied in People of Guam v. A-Last Amanto Simiron (November 2021)

1. Intoxication is not a defense to a criminal charge. Intoxication does not, in itself, constitute mental disease or defect within the meaning of section 12.1-04-04. Evidence of intoxication is admissible whenever it is relevant to negate or to establish an element of the offense charged.

2. A person is reckless with respect to an element of an offense even though his disregard thereof is not conscious, if his not being conscious thereof is due to self-induced intoxication.

Official source: North Dakota Legislative Branch. Reproduced from public-domain North Dakota statutes; confirm against the official source for the current text. Not legal advice.