Arizona Revised Statutes

Ariz. Rev. Stat. § 13-503 (2026)

Effect of alcohol or drug use

✓ current as of May 2026
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Temporary intoxication resulting from the voluntary ingestion, consumption, inhalation or injection of alcohol, an illegal substance under chapter 34 of this title or other psychoactive substances or the abuse of prescribed medications does not constitute insanity and is not a defense for any criminal act or requisite state of mind.

Notes of Decisions
Cited in 62 cases (6 in the last 5 years), 1980–2024 · leading case: State v. McKeon, 38 P.3d 1236 (Ariz. Ct. App. 2002).
State v. McKeon, 38 P.3d 1236 (Ariz. Ct. App. 2002). · cites it 57× “A.R.S. § 13-503 (1989). ¶ 11 Section 13-503 now reads: Temporary intoxication resulting from the voluntary ingestion, consumption, inhalation or injection of alcohol, an illegal substance under chapter 34 of this title or other psychoactive substances or the abuse of prescribed…”
State v. Moody, 94 P.3d 1119 (Ariz. 2004). · cites it 16× “When Moody committed the murders in November of 1993, A.R.S. § 13-503 (1989) provided as follows: [W]hen the actual existence of the culpable mental state of intentionally or with the intent to is a necessary element to constitute any particular species or degree of offense, the…”
State v. Mott, 931 P.2d 1046 (Ariz. 1997). · cites it 14× “See A.R.S. § 13-503. Because the evidence offered was logically very relevant to the requisite mens rea, this case presents the issue of whether a criminal defendant has the right to defend against every element of the charged offense — including the mens rea specified by the…”
State of Arizona v. Eric Boyston, 298 P.3d 887 (Ariz. 2013). · cites it 12× “He argues that A.R.S. § 13-503 does not apply to premeditation or, to the extent it applies, it is unconstitutional.”
State v. Schurz, 859 P.2d 156 (Ariz. 1993). · cites it 9× “Under A.R.S. § 13-503, the jury may consider voluntary intoxication in determining culpable mental state only when the culpable mental state of “intentionally or with the intent to” is a necessary element of the offense.”
State v. Ramos, 648 P.2d 119 (Ariz. 1982). · cites it 12× “The question presented is whether A.R.S. § 13-503, as amended, is violative of due process.”
State v. Gallegos, 870 P.2d 1097 (Ariz. 1994). · cites it 8× “From this, he concludes that the legislature has not expressly precluded voluntary intoxication from negating the culpable mental state of "knowingly," and therefore, the above instruction constitutes reversible error.”
State v. Cook, 821 P.2d 731 (Ariz. 1991). · cites it 12× “See A.R.S. § 13-503. The jury convicted Cook on both counts of first degree murder.”
State v. Kiles, 213 P.3d 174 (Ariz. 2009). · cites it 8× “10 That section provided that [n]o act committed by a person while in a state of voluntary intoxication is less criminal by reason of his having been in such condition, but when the actual existence of the culpable mental state of intentionally or with the intent to is a…”
State v. Hicks, 649 P.2d 267 (Ariz. 1982). · cites it 6× “A.R.S. § 13-503 provides: No act committed by a person while in a state of voluntary intoxication is less criminal by reason of his having been in *71 such condition, but when the actual existence of the culpable mental state of intentionally or with the intent to is a necessary…”
State v. Trostle, 951 P.2d 869 (Ariz. 1997). · cites it 4× “See former A.R.S. § 13-503. A party is entitled to a jury instruction on any theory reasonably supported by the evidence.”
State of Arizona v. Christopher Mathew Payne, 314 P.3d 1239 (Ariz. 2013). · cites it 2× “¶149 Section 13-503 provides that “[t]emporary intoxication .”
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