New Jersey Section 2C:2-8 – Intoxication

New Jersey Intoxication Defense Law – Section 2C:2-8

New Jersey law allows evidence of intoxication as a defense in criminal cases under certain circumstances. Section 2C:2-8 of the New Jersey code covers the intoxication defense.

Key Points

• Intoxication can be used as a defense if it prevented the defendant from forming the required mental state or intent for a crime.
• The defense applies only if the intoxication was not self-induced or pathological.
• It does not apply to strict liability crimes that don’t require a mental state.
• There are still risks – the defendant may be convicted of a lower offense not requiring intent.

The intoxication defense is complex with many nuances. Cases must be evaluated on an individual basis weighing the level of intoxication and the mental state required. There are also policy considerations around personal responsibility.

Rather than a blanket defense, 2C:2-8 provides a balanced approach recognizing intoxication’s effect on intent while still holding people accountable. But its application involves careful analysis of the law and facts.