Montana Code Annotated 2023

TITLE 45. CRIMES

CHAPTER 2. GENERAL PRINCIPLES OF LIABILITY

Part 2. Other Factors Affecting Individual Liability

Responsibility -- Intoxicated Condition

45-2-203. Responsibility -- intoxicated condition. A person who is in an intoxicated condition is criminally responsible for the person's conduct, and an intoxicated condition is not a defense to any offense and may not be taken into consideration in determining the existence of a mental state that is an element of the offense unless the defendant proves that the defendant did not know that it was an intoxicating substance when the defendant consumed, smoked, sniffed, injected, or otherwise ingested the substance causing the condition.

History: En. 94-2-109 by Sec. 1, Ch. 513, L. 1973; amd. Sec. 53, Ch. 329, L. 1974; R.C.M. 1947, 94-2-109; amd. Sec. 1, Ch. 251, L. 1987; amd. Sec. 1636, Ch. 56, L. 2009.