Advanced Search

Section: 562.0076 Beginning January 1, 2017--Intoxicated or drugged condition. RSMO 562.076


Published: 2015

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.
Missouri Revised Statutes













Chapter 562

General Principles of Liability

←562.071

Section 562.076.1

562.076→

August 28, 2015

Beginning January 1, 2017--Intoxicated or drugged condition.

562.076. 1. A person who is in an intoxicated or drugged condition,

whether from alcohol, drugs or other substance, is criminally responsible

for conduct unless such condition is involuntarily produced and deprived

him or her of the capacity to know or appreciate the nature, quality or

wrongfulness of his or her conduct.



2. The defendant shall have the burden of injecting the issue of

intoxicated or drugged condition.



3. Evidence that a person was in a voluntarily intoxicated or drugged

condition may be admissible when otherwise relevant on issues of conduct

but in no event shall it be admissible for the purpose of negating a mental

state which is an element of the offense. In a trial by jury, the jury

shall be so instructed when evidence that a person was in a voluntarily

intoxicated or drugged condition has been received into evidence.



(L. 1977 S.B. 60, A.L. 1983 S.B. 276, A.L. 1984 S.B. 448 §

A--effective 10-1-84, A.L. 1993 S.B. 167, A.L. 2014 S.B. 491)



Effective 1-01-17





1993



1993



562.076. 1. A person who is in an intoxicated or drugged condition,

whether from alcohol, drugs or other substance, is criminally responsible for

conduct unless such condition is involuntarily produced and deprived him of

the capacity to know or appreciate the nature, quality or wrongfulness of his

conduct.



2. The defendant shall have the burden of injecting the issue of

intoxicated or drugged condition.



3. Evidence that a person was in a voluntarily intoxicated or drugged

condition may be admissible when otherwise relevant on issues of conduct but

in no event shall it be admissible for the purpose of negating a mental state

which is an element of the offense. In a trial by jury, the jury shall be so

instructed when evidence that a person was in a voluntarily intoxicated or

drugged condition has been received into evidence.



Top



Missouri General Assembly



Copyright © Missouri Legislature, all rights reserved.