2005 Missouri Revised Statutes - § 562.076. — 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 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.

(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)

(2001) Section providing that voluntary intoxication is not per se proof of the inability to form culpable mental state and is irrelevant to the defendant's mental state does not violate the Due Process Clause. Gary v. Dormire, 256 F.3d 753 (8th Cir.).

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