T.P.I. -- CRIM. 40.02

DEFENSE:  INTOXICATION

            Included in the defendant's plea of not guilty is [his] [her] plea of intoxication as a defense.

            You have heard evidence concerning the alleged intoxication of the defendant at the time of the alleged offense.

            Intoxication itself is generally not a defense to prosecution for an offense.¹  If a person voluntarily becomes intoxicated and, while in that condition, commits an act which would be a crime if he or she were sober, he or she is fully responsible for his or her conduct.  It is the duty of persons to refrain from placing themselves in a condition which poses a danger to others.

            [However, involuntary intoxication is a defense to prosecution if as a result of the involuntary intoxication the person lacked substantial capacity either to appreciate the wrongfulness of the person's conduct or to conform that conduct to the requirements of the law allegedly violated.]²

            "Intoxication" means disturbance of mental or physical capacity resulting from the introduction of any substance into the body.³

            ["Involuntary intoxication" means intoxication that is not voluntary.]⁴

            ["Voluntary intoxication" means intoxication caused by a substance that the person knowingly introduced into the person's body, the tendency of which to cause intoxication was known or ought to have been known.]⁵

            [If evidence is introduced supporting the defense of involuntary intoxication, the burden is on the state to prove beyond a reasonable doubt that the defendant was not involuntarily intoxicated.]⁶

            [If from all the facts and circumstances you find the defendant was involuntarily intoxicated, or if you have a reasonable doubt as to whether the defendant was involuntarily intoxicated, you must find [him] [her] not guilty.]⁷

            Intoxication, whether voluntary or involuntary, is relevant to the issue of the essential element of the defendant's culpable mental state.⁸

            In this case, the state must prove beyond a reasonable doubt the required culpable mental state of the defendant which is [insert definition of specific mental state required for charged and included offenses].⁹

            If you find that the defendant was intoxicated to the extent that [he] [she] could not have possessed the required culpable mental state, then [he] [she] cannot be guilty of the offense charged.

            If you are not satisfied beyond a reasonable doubt that the defendant possessed the culpable mental state then you must find [him] [her] not guilty.

            [If recklessness establishes an element of the offense and the defendant is unaware of a risk because of voluntary intoxication, the defendant's unawareness is immaterial and is no defense to that element in the prosecution of said offense.]¹⁰

FOOTNOTES

  1.  See Tenn. Code Ann. § 39-11-503.

  2.  Tenn. Code Ann. § 39-11-503(c).

  3.  Tenn. Code Ann. § 39-11-503(d)(1).

  4.  Tenn. Code Ann. § 39-11-503(d)(2).

  5.  Tenn. Code Ann. § 39-11-503(d)(3).

  6.  Tenn. Code Ann. § 39-11-201(a)(3).

  7.  Tenn. Code Ann. § 39-11-203(d).

  8.  Tenn. Code Ann. § 39-11-503(a).

  9.  Tenn. Code Ann. § 39-11-201(a).

10.  Tenn. Code Ann. § 39-11-503(b).