Superseded 1/1/2027
110 words·~1 min read·
/ut/title-76/chapter-2/1A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Effective 5/7/2025
Superseded 1/1/2027
76-2-306. Voluntary intoxication.
(1)Voluntary intoxication is not a defense to a criminal charge unless such intoxication negates the existence of the mental state which is an element of the offense. If recklessness or criminal negligence establishes an element of an offense and the actor is unaware of the risk because of voluntary intoxication, his unawareness is immaterial in a prosecution for that offense.
(2)Voluntary intoxication is not a defense to sexual offenses, as described in Title 76, Chapter 5, Part 4, Sexual Offenses , other than Section 76-5-417 , 76-5-418 , 76-5-419 , or 76-5-420 .
Amended by Chapter 173 , 2025 General Session