Iowa Code » Chapter 701 — GENERAL CRIMINAL LAW PROVISIONS
Iowa Code

Iowa Code § 701.5 (2026)

Intoxicants or drugs

✓ current as of July 2026
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The fact that a person is under the influence of intoxicants or drugs neither excuses the person’s act nor aggravates the person’s guilt, but may be shown where it is relevant in proving the person’s specific intent or recklessness at the time of the person’s alleged criminal act or in proving any element of the public offense with which the person is charged. [C79, 81, §701.5]\n\nTue Dec 09 21:56:49 2025 Iowa Code 2026, Chapter 701 (21, 0) §701.6, GENERAL CRIMINAL LAW PROVISIONS 2

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Notes of Decisions
Cited in 36 cases (6 in the last 5 years), 1979–2026 · leading case: State of Iowa v. Travis Howard Richard Beck, 854 N.W.2d 56 (Iowa Ct. App. 2014).
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State of Iowa v. Travis Howard Richard Beck, 854 N.W.2d 56 (Iowa Ct. App. 2014). · cites it 4× “4 (codifying defense of insanity); Iowa Code § 701.5 (codifying defense of intoxication); Iowa Code § 701.”
State v. Caldwell, 385 N.W.2d 553 (Iowa 1986). · cites it 10× “” But defendant thinks Hall was overruled by the subsequent enactment of Iowa Code section 701.5. That statute provides: The fact that a person is under the influence of intoxicants or drugs neither excuses the person’s act nor aggravates the person’s guilt, but may be shown…”
State v. Hager, 630 N.W.2d 828 (Iowa 2001). · cites it 4× “See Iowa Code §§ 701.5 (intoxicants or drugs), 704.”
State v. Marin, 788 N.W.2d 833 (Iowa 2010). · cites it 2× “, Iowa Code § 701.5 (2005). Instead, in regards to intoxication the Code provides: *837 The fact that a person is under the influence of intoxicants or drugs neither excuses the person’s act nor aggravates the person’s guilt, but may be shown where it is relevant in proving the…”
State v. Lucas, 368 N.W.2d 124 (Iowa 1985). · cites it 8× “” The district court refused to submit Lucas’ temporary insanity instruction to the jury for two reasons: (1) Iowa Code section 701.5 forbade the use of temporary insanity as a complete defense, whether induced by voluntary or involuntary intoxication; and (2) the record was…”
State v. Collins, 305 N.W.2d 434 (Iowa 1981). · cites it 4× “The concept is now codified in section 701.5, The Code, which provides: The fact that a person is under the influence of intoxicants or drugs neither excuses the person’s act nor aggravates his or her guilt, but may be shown where it is relevant in proving the person’s specific…”
State of Iowa v. Mario Guerrero Cordero, 861 N.W.2d 253 (Iowa 2015). · cites it 2× “Iowa Code § 701.5 (1979). We subsequently concluded this statutory rule was “substantially a codification of prior law” and have applied it using the same analysis under the common law rule.”
Shell v. State, 512 A.2d 358 (Md. 1986). · cites it 2× “§ 702-230 (1976); Iowa Code Ann. § 701.5 (1979). [14] Missouri and Texas by statute preclude admission of voluntary intoxication evidence in all cases.”
State v. Broughton, 425 N.W.2d 48 (Iowa 1988). · cites it 4× “Judge Bown refused Broughton’s request for an instruction on the defense of intoxication, stating that, “since you are denying your presence, there is no reason to give that instruction, because you weren’t there.”
Caldwell v. State, 494 N.W.2d 213 (Iowa 1992). · cites it 10× “This uncertainty arose from language in Iowa Code section 701.5, which provides: The fact that a person is under the influence of intoxicants or drugs neither excuses the person’s act nor aggravates the person’s guilt, but may be shown where it is relevant in proving the…”
State v. Hoffer, 383 N.W.2d 543 (Iowa 1986). · cites it 4× “We then pointed out that Iowa Code section 701.5 is a codification of our prior law and specifically stated: The fact that a person is under the influence of intoxicants or drugs neither excuses the person’s act nor aggravates his or her guilt, but may be shown where it is…”
State v. Coker, 412 N.W.2d 589 (Iowa 1987). · cites it 2× “2d 585, 586 (Iowa 1985); Iowa Code § 701.5 (1985). In such cases the State retains the burden to prove defendant’s specific intent beyond a reasonable doubt.”
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