Using Intoxication As A Defense In Kansas And Missouri

It sometimes happens that accusations of crimes happen when one or more parties are under the influence of drugs or alcohol.  Sometimes this intoxication is voluntary (i.e., a person knowingly and deliberately consumed intoxicants) and sometimes it is involuntary (i.e., a person was given intoxicants without his or her knowledge).

Suppose, for example, a person attends a party and drinks punch that has been “spiked.”  He then commits a crime at the party.  When is intoxication (voluntary or involuntary) a defense to a criminal charge?  What are the rules?  The answers can get complicated, depending on a variety of factors.  We discuss the basic outlines here.

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