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Wis. Stat. § 939.42

Intoxication

Applied in 7 court decisions — leading case State v. Watkins (2002)

Most recently applied in Gish v. Dittmann (December 2017)

1987 a. 399; 2013 a. 307

How often courts cite this section

1986199020002010201710
citing decisions per year

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.

An intoxicated or a drugged condition of the actor is a defense only if such condition is involuntarily produced and does one of the following:

(1) Renders the actor incapable of distinguishing between right and wrong in regard to the alleged criminal act at the time the act is committed.

(2) Negatives the existence of a state of mind essential to the crime.

Official source: Wisconsin State Legislature. Reproduced from public-domain Wisconsin statutes; confirm against the official source for the current text. Not legal advice.