Neb. Rev. Stat. » Chapter 29
Nebraska Revised Statutes

Neb. Rev. Stat. § 29-122 (2026)

Criminal responsibility; intoxication; not a defense; exceptions

✓ current as of July 2026
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A person who is intoxicated is criminally responsible for his or her conduct. Intoxication is not a defense to any criminal offense and shall not be taken into consideration in determining the existence of a mental state that is an element of the criminal offense unless the defendant proves, by clear and convincing evidence, that he or she did not (1) know that it was an intoxicating substance when he or she ingested, inhaled, injected, or absorbed the substance causing the intoxication or (2) ingest, inhale, inject, or absorb the intoxicating substance voluntarily.

Notes of Decisions
Cited in 20 cases (6 in the last 5 years), 2014–2026 · leading case: State v. Mueller, 301 Neb. 778 (Neb. 2018).
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State v. Mueller, 301 Neb. 778 (Neb. 2018). · cites it 13× “" Mueller acknowledges the existence of Neb. Rev. Stat. § 29-122 (Reissue 2016), which provides: A person who is intoxicated is criminally responsible for his or her conduct.”
State v. Abejide, 879 N.W.2d 684 (Neb. 2016). · cites it 25× “In refusing Abejide’s proposed instruction, the court cited Neb. Rev. Stat. § 29-122 (Cum. Supp. 2014), which generally provides that voluntary intoxication is not a defense to any criminal offense and may not be considered in determining the existence of a mental state of the…”
State v. Bigelow, 303 Neb. 729 (Neb. 2019). · cites it 11× “The Court of Appeals cited Neb. Rev. Stat. § 29-122 (Reissue 2016) and determined that the instruction given by the district court "was an accurate statement of the involuntary intoxication defense in Nebraska," because the instruction tracked the provisions of § 29-122.”
State v. Hinrichsen, 877 N.W.2d 211 (Neb. 2016). · cites it 5× “The court overruled the motion after finding that Neb. Rev. Stat. § 29-122 (Cum. Supp. 2014) eliminated the intoxication defense in Nebraska.”
State v. Hood, 301 Neb. 207 (Neb. 2018). · cites it 4× “" 28 Hood does not argue his counsel should have pursued a defense based on intoxication under Neb. Rev. Stat. § 29-122 (Reissue 2016). Section 29-122 states in part: Intoxication is not a defense to any criminal offense and shall not be taken into consideration in determining…”
State v. Braesch, 874 N.W.2d 874 (Neb. 2016). · cites it 4× “The State argued that to the extent Newring relied on Braesch’s voluntary use of intoxicating substances, his opin- ion was invalid under Neb. Rev. Stat. § 29-122 (Cum. Supp. 2014).”
State v. Esch, 315 Neb. 482 (Neb. 2023). · cites it 9× “(ii) Error in Instruction On appeal, Esch contends that the district court’s intoxica- tion instruction is an “obvious error” 31 and that “[t]here is no doubt” 32 that the instruction is an incorrect statement of law because it is not in accordance with Neb. Rev. Stat. § 29-122…”
State v. Brennauer, 314 Neb. 782 (Neb. 2023). · cites it 3× “35 The new statute, codified as Neb. Rev. Stat. § 29-122 (Reissue 2016), states: “A person who is intoxicated is crimi- nally responsible for his or her conduct.”
State v. Clark, 315 Neb. 736 (Neb. 2024). · cites it 2× “§ 29-122 (Reissue 2016), which provides that intoxica- tion may not be considered in determining the existence of a mental state that is an element of a criminal offense unless the defendant proves, by clear and convincing evidence, that he or she did not know that the substance…”
State v. Barnes, 317 Neb. 517 (Neb. 2024). · cites it 2× “91 Neb. Rev. Stat. § 29-122 (Reissue 2016). See, e.”
State v. Cheloha, 25 Neb. Ct. App. 403 (Neb. Ct. App. 2018). · cites it 4× “Neb. Rev. Stat. § 29-122 (Reissue 2016) specifically states: A person who is intoxicated is criminally responsible for his or her conduct.”
State v. Brennauer, 314 Neb. 782 (Neb. 2023). · cites it 3× “35 The new statute, codified as Neb. Rev. Stat. § 29-122 (Reissue 2016), states: “A person who is intoxicated is crimi- nally responsible for his or her conduct.”
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