What is the definition of 'Intoxication' as a defense?

• A. A medical condition that removes criminal liability.
• B. A state where a person is under the influence of drugs or alcohol, potentially impairing their culpability.
• C. A temporary lapse in memory without affecting liability.
• D. An admission of guilt due to intoxication.

Answer: (B)

Intoxication as a defense centers on whether being under the influence changes the mental state required to commit the crime. The best definition is that intoxication is a state where a person is under the influence of drugs or alcohol, potentially impairing their culpability. This reflects that the influence can affect the defendant’s ability to form the necessary intent for the offense.

In Kentucky, the effect depends on the crime’s required mental state: voluntary intoxication can negate specific intent crimes, while involuntary intoxication can be a defense to all crimes if it prevents forming the requisite mens rea. The other descriptions don’t fit: intoxication isn’t simply a medical condition that automatically removes liability; it isn’t just a temporary memory lapse, and it isn’t an admission of guilt solely because of intoxication.