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Illinois Compiled Statutes

720 ILCS 5/6-3 (2026)

Intoxicated or drugged condition

✓ current as of May 2026
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(720 ILCS 5/6-3) (from Ch. 38, par. 6-3)
    Sec. 6-3. Intoxicated or drugged condition. A person who is in an intoxicated or drugged condition is criminally responsible for conduct unless such condition is involuntarily produced and deprives him of substantial capacity either to appreciate the criminality of his conduct or to conform his conduct to the requirements of law.
(Source: P.A. 92-466, eff. 1-1-02.)

    
Notes of Decisions
Cited in 50 cases (16 in the last 5 years), 1997–2026 · leading case: People v. Grayer, 2023 IL 128871 (Ill. 2023).
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People v. Grayer, 2023 IL 128871 (Ill. 2023). · cites it 7× “1, 2002) (amending 720 ILCS 5/6-3)), removing voluntary intoxication as an affirmative defense.”
People v. Himber, 2020 IL App (1st) 162182 (Ill. App. Ct. 2020). · cites it 2× “” 720 ILCS 5/6-3 (West 2000). See also People v.”
People v. Rutigliano, 2020 IL App (1st) 171729 (Ill. App. Ct. 2020). · cites it 3× “¶6 Defendant answered that he would rely on the insufficiency of the State’s evidence and could assert affirmative defenses of intoxicated or drugged condition—citing section 6-3 of the Criminal Code of 2012 (720 ILCS 5/6-3 (West 2016))—and self-defense.”
People v. Alberts, 890 N.E.2d 1208 (Ill. App. Ct. 2008). · cites it 2× “Involuntary-Intoxication Defense Defendant also asserts a claim of actual innocence based upon involuntary intoxication pursuant to section 6-3 of the Criminal Code of 1961 (720 ILCS 5/6-3 (West 2006) ("A person who is in an intoxicated or drugged condition is criminally…”
People v. McDonald, 2016 IL 118882 (Ill. 2016). “¶ 36 The question before this court in Hari was whether the defendant’s requested instruction was permitted under the language of section 6-3 of the Criminal Code of 1961 (720 ILCS 5/6-3 (West 2014)). As to the standard of review, this court stated that “[o]n the law issues…”
Dishon McNary v. Marcus Hardy, 708 F.3d 905 (7th Cir. 2013). “” 720 ILCS 5/6-3 (West 1998). 4 The state trial court found that McNary was not entitled to a jury instruction on this defense, and, on appeal, counsel did not challenge that denial.”
People v. McMillen, 961 N.E.2d 400 (Ill. App. Ct. 2011). · cites it 2× “" 720 ILCS 5/6-3 (West 1994). ¶ 15 Defendant's petition alleges that his constitutionally protected rights were violated because he was not able to present evidence supporting an involuntary intoxication defense at trial.”
People v. Tuduj, 2014 IL App (1st) 92536 (Ill. App. Ct. 2014). · cites it 2× “” 720 ILCS 5/6-3 (West 2006). ¶ 74 Involuntary intoxication is an affirmative defense that exonerates an accused if the trier of fact believes the elements of the defense have been met.”
People v. Anderson, 759 N.E.2d 83 (Ill. App. Ct. 2001). “Specifically, defendant contends that the affirmative defense of voluntary intoxication (720 ILCS 5/6-3(a) (West 2000)) does apply to the offense of aggravated criminal sexual assault, and the trial court, therefore, erred in granting the State's motion and prohibiting…”
People v. Grayer, 2022 IL App (1st) 210808 (Ill. App. Ct. 2022). · cites it 2× “” 720 ILCS 5/6-3 (West 2000). The statute was amended again in 2002 to its current form to provide that an intoxicated or drugged person “is criminally responsible for conduct unless such condition is involuntarily produced and deprives him of substantial capacity either to…”
People v. McDonald, 2016 IL 118882 (Ill. 2017). “¶ 36 The question before this court in Hari was whether the defendant’s requested instruction was permitted under the language of section 6-3 of the Criminal Code of 1961 (720 ILCS 5/6-3 (West 2014)). As to the standard of review, this court stated that “[o]n the law issues…”
People v. Valdez, 2022 IL App (1st) 181463 (Ill. App. Ct. 2022). “See 720 ILCS 5/6-3 (West 2018) (“A person who is in an intoxicated or drugged condition is criminally responsible for conduct unless such condition is involuntarily produced and deprives him of substantial capacity either to appreciate the criminality of his conduct or to…”
Show all 50 citing cases →
— 720 ILCS 5/6-3(a) — 6 cases
People v. Anderson, 759 N.E.2d 83 (Ill. App. Ct. 2001). “Specifically, defendant contends that the affirmative defense of voluntary intoxication (720 ILCS 5/6-3(a) (West 2000)) does apply to the offense of aggravated criminal sexual assault, and the trial court, therefore, erred in granting the State's motion and prohibiting…”
People v. Grayer, 2023 IL 128871 (Ill. 2023). “1, 2002) (amending 720 ILCS 5/6-3)), removing voluntary intoxication as an affirmative defense.”
People v. Tuduj, 2014 IL App (1st) 92536 (Ill. App. Ct. 2014). “” 720 ILCS 5/6-3 (West 2006). ¶ 74 Involuntary intoxication is an affirmative defense that exonerates an accused if the trier of fact believes the elements of the defense have been met.”
People v. Arellano, 2025 IL App (2d) 240405-U (Ill. App. Ct. 2025).
People v. Anderson (Ill. App. Ct. 2001).
— 720 ILCS 5/6-3(b) — 2 cases
People v. Taliani, 2020 IL App (3d) 170546 (Ill. App. Ct. 2020).
People v. Clay Opinion corrected on 12/06/05 Opinion corrected on 12/16/05 (Ill. App. Ct. 2005).
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