MPC § 2.08: Intoxication

Section 2.08 addresses the effect of intoxication on criminal liability. The MPC treats intoxication as relevant to the culpability analysis but with important limitations. Under Section 2.08(1), intoxication that is not self-induced is a defense if it negatives an element of the offense. Under Section 2.08(2), when recklessness establishes an element of an offense, if the actor, due to self-induced intoxication, is unaware of a risk of which they would have been aware had they been sober, such unawareness is immaterial — the actor is treated as if they had perceived the risk.

This means self-induced intoxication can negate purpose or knowledge (since these require actual subjective awareness) but cannot negate recklessness. The rationale is that a person who voluntarily becomes intoxicated has already demonstrated a reckless disregard for the risks their intoxicated state might create. When recklessness is the required culpability, the defendant is held to the standard of what they would have perceived had they been sober.

Section 2.08(4) provides a narrow defense for pathological intoxication — intoxication grossly excessive in degree given the amount of the intoxicant, to which the actor does not know they are susceptible. Pathological intoxication is treated like involuntary intoxication and can serve as an affirmative defense if it causes the actor to lack substantial capacity either to appreciate the criminality of their conduct or to conform their conduct to the requirements of law (mirroring the Section 4.01 insanity standard). Section 2.08(5) defines key terms, including "intoxication" (disturbance of mental or physical capacities resulting from introduction of substances into the body) and "self-induced intoxication" (intoxication caused by substances the actor knowingly introduces, unless under medical advice or without knowledge of the substance's intoxicating nature).