CR07-153 01/20/16

DIMINISHED CAPACITY (under the influence)

(Def)_______________ is charged with (crime charged)_______________, which requires the State to prove that [he] [she] acted with the specific intent to (specific intent)_______________.  Evidence that [he] [she] was under the influence of [intoxicating liquor] [(other substance)_______________] may be relevant in determining whether [he] [she] had the mental capacity to form this intent, and whether [he] [she] actually did so.

[However, if (Def)_______________ formed the required intent before becoming intoxicated, or if [he] [she] voluntarily became intoxicated knowing that the effects of the alcohol would predispose [him] [her] to commit the crime, then the law does not recognize intoxication as a defense.  You must then ignore any evidence of intoxication and consider whether the State has proven the essential elements of the crime.]

You must consider all of the evidence on this issue of intoxication. If you have a reasonable doubt about whether (Def)_______________ was capable of forming the required intent, or whether [he] [she] actually formed the required intent, you must give [him] [her] the benefit of that doubt and find [him] [her] not guilty of (crime charged)_______________. On the other hand, if you are convinced beyond a reasonable doubt that [he] [she] could form the required intent, and that [he] [she] actually did so, then this essential element has been met. In that case, you must consider whether the other essential elements of the offense have been proven.