1. (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, the actor's unawareness is immaterial in a prosecution for that offense.
2. (2) Voluntary intoxication is not a defense to a sexual offense, as described in Title 76, Chapter 5, Part 4, Sexual Offenses.

Amended by Chapter 445, 2026 General Session