29-122. Criminal responsibility; intoxication; not a defense; exceptions.
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/ne/chapter-29/29-122A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
A person who is intoxicated is criminally responsible for his or her conduct. Intoxication is not a defense to any criminal offense and shall not be taken into consideration in determining the existence of a mental state that is an element of the criminal offense unless the defendant proves, by clear and convincing evidence, that he or she did not
(1)know that it was an intoxicating substance when he or she ingested, inhaled, injected, or absorbed the substance causing the intoxication or
(2)ingest, inhale, inject, or absorb the intoxicating substance voluntarily.
The defendant's being "heavily intoxicated" did not preclude her from having the requisite intent to terrorize the victim where the defendant pointed to no evidence that, on the night in question, she did not know she was ingesting alcohol or that she did not voluntarily ingest alcohol. State v. Clark, 315 Neb. 736, 1 N.W.3d 487 (2024).
In enacting this section, the Legislature redefined the mental state elements of all subjective criminal offenses in Nebraska to provide for an objective inquiry: whether the State proved circumstances surrounding the offense that would otherwise establish the requisite mental state "but for" the defendant's voluntary intoxication. State v. Esch, 315 Neb. 482, 997 N.W.2d 569 (2023).
Voluntary intoxication is not a defense to any criminal offense and shall not be taken into consideration in determining the existence of a mental state that is an element of the criminal offense. State v. Cheloha, 25 Neb. App. 403, 907 N.W.2d 317 (2018).