Intoxication shall not be a defense to a criminal charge, but in any prosecution for an offense evidence of intoxication of the defendant may be offered by the defendant whenever it is relevant to negate an element of the crime charged, provided when recklessness or criminal negligence is an element of the crime charged, if the actor, due to self-induced intoxication, is unaware of or disregards or fails to perceive a risk which he would have been aware of had he not been intoxicated, such unawareness, disregard or failure to perceive shall be immaterial. As used in this section, “intoxication” means a substantial disturbance of mental or physical capacities resulting from the introduction of substances into the body.
(1969, P.A. 828, S. 7.)
Cited. 172 C. 65; 173 C. 35; 176 C. 224; 178 C. 480. Defendant is entitled, as matter of law, to a theory of defense instruction when evidence under section is before jury. Id., 704. Cited. 184 C. 121; 185 C. 63; 186 C. 414; 189 C. 611; 193 C. 632; 196 C. 341; 198 C. 560; Id., 644; 199 C. 102; 201 C. 190; 204 C. 240; 209 C. 75; 210 C. 481; 212 C. 195; 217 C. 648; 223 C. 41; Id., 273; 234 C. 139.
Cited. 1 CA 260; 6 CA 701; 10 CA 643; 11 CA 122; 16 CA 358; 22 CA 521; 23 CA 315; Id., 502; 24 CA 678; 25 CA 456; 27 CA 73; 35 CA 699; 37 CA 404; 41 CA 361; 44 CA 818. Application of section. 51 CA 345. Trial court did not improperly exclude proffered evidence re defendant's claim of intoxication at time of murder. 91 CA 169. While intoxication is neither a defense nor an affirmative defense to a murder charge, evidence of defendant's intoxication is relevant to negate specific intent which is an essential element of crime of murder; however, intoxication does not automatically negate intent. 95 CA 263.
Structure Connecticut General Statutes
Chapter 951 - Penal Code: Statutory Construction; Principles of Criminal Liability
Section 53a-4. - Saving clause.
Section 53a-5. - Criminal liability; mental state required.
Section 53a-6. - Effect of ignorance or mistake.
Section 53a-7. - Effect of intoxication.
Section 53a-8. - Criminal liability for acts of another.
Section 53a-12. - Defenses; burden of proof.
Section 53a-13. - Lack of capacity due to mental disease or defect as affirmative defense.
Section 53a-14. - Duress as defense.
Section 53a-15. - Entrapment as defense.
Section 53a-16. - Justification as defense.
Section 53a-16a. - Affirmative defense in certain situations involving firearms; exceptions.
Section 53a-16b. - Affirmative defense of coparticipant to offense with firearm.
Section 53a-17. - Conduct required or authorized by law or judicial decree.
Section 53a-18. - Use of reasonable physical force or deadly physical force generally.
Section 53a-19. - Use of physical force in defense of person.
Section 53a-20. - Use of physical force in defense of premises.
Section 53a-21. - Use of physical force in defense of property.
Section 53a-22. - Use of physical force in making arrest or preventing escape.
Section 53a-23. - Use of physical force to resist arrest not justified.