Delaware Code

11 Del. C. § 421 (2026)

Voluntary intoxication

✓ current as of May 2026

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The fact that a criminal act was committed while the person committing such act was in a state of intoxication, or was committed because of such intoxication, is no defense to any criminal charge if the intoxication was voluntary.

11 Del. C. 1953, § 421; 58 Del. Laws, c. 497, § 1; 59 Del. Laws, c. 103, § 1; 59 Del. Laws, c. 203, § 37; 60 Del. Laws, c. 680, § 1;

Notes of Decisions

Cited in 7 cases (4 in the last 5 years), 1976–2026 · leading case: Pendry v. State, 367 A.2d 627 (Del. 1976).

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Pendry v. State, 367 A.2d 627 (Del. 1976). · cites it 3× “Ill The defendants also assert that the Trial Court denied them due process and the right to a fair trial by failing to instruct the jury on the defense of voluntary intoxication 11 Del.C. § 421. 5 We will consider this issue only as it applies to Kenneth, since a resolution of…”

Collins v. State (Del. 2025). · cites it 4× “9 See 11 Del. C. § 421 (stating that voluntary intoxication is not a defense to any crime).”

Calhoun v. State (Del. 2020). “§ 401(c), it is not a defense “if the alleged insanity or mental illness was proximately caused by the voluntary ingestion, inhalation or injection of intoxicating liquor, any drug or other mentally debilitating substance, or any combination thereof, unless such substance was…”

Wilkerson v. State (Del. 2025). “92 90 11 Del. C. § 421 (1976). 91 We do not reach the Superior Court’s interpretation and use of 11 Del.”

Lolley v. State (Del. 2025). “17 11 Del. C. § 421 (“The fact that a criminal act was committed while the person committing such act was in a state of intoxication, or was committed because of such intoxication, is no defense to any criminal charge if the intoxication was voluntary.”

State v. El-Abbadi (Del. Super. Ct. 2026). “99 Defendant contends this evidence is “missing,” and its absence constitutes “prosecutorial misconduct” and “police negligence.” 100 96 Id., p. 3. 97 See 11 Del. C. § 421 (“"The fact that a criminal act was committed while the person committing such act was in a state of…”

State of Delaware v. Hess. (Del. Super. Ct. 2014). “In the end, his mental health issues are not significant 35 11 Del. C. § 421 (“The fact that a criminal act was committed while the person committing such act was in a state of intoxication, or was committed because of such intoxication, is no defense to any criminal charge if…”

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