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

Neb. Rev. Stat. § 29-122 (2026)

Criminal responsibility; intoxication; not a defense; exceptions

✓ text as last checked Oct. 2026 (this copy records no edition or section history)
Find cases: SyfertCases citing this section NE-LEGnebraskalegislature.gov JustiaChapter on Justia CornellLII Search CasesGoogle Scholar

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, 920 N.W.2d 424 (Neb. 2018).
Sort: Relevance Newest Treatment
State v. Mueller, 920 N.W.2d 424 (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, 931 N.W.2d 842 (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, 917 N.W.2d 880 (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, 997 N.W.2d 569 (Neb. 2023). · cites it 9× “However, it was long held that evidence of intoxication was relevant to a jury’s determination of whether a defendant had a specific intent such that a crime had been committed, or, where a crime consisting of degrees had been committed, to the jury’s determination of the degree…”
State v. Brennauer, 993 N.W.2d 305 (Neb. 2023). · cites it 3× “41 Because we find ambiguity concerning L.B. 100, it is appropriate to consider legislative history.”
State v. Clark, 1 N.W.3d 487 (Neb. 2024). · cites it 2× “’s statements regarding the sexual assault, and (3) failing to file a motion in limine to exclude Parker’s testimony that Clark asked about purchasing drugs. When a defendant’s trial counsel is different from his or her counsel on direct appeal, the defendant must raise on…”
State v. Barnes, 10 N.W.3d 716 (Neb. 2024). · cites it 2× “100 Here, the sentencing judge specifically noted Barnes’ “lack of accountability and remorse” during the proceedings, the “violent and brutal” nature of the offenses, and the lasting impact Matulka’s death will have on her family and, in particular, her children, one of whom…”
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 (2023). · cites it 3× “41 Because we find ambiguity concerning L.B. 100, it is appropriate to consider legislative history.”
Show all 20 citing cases →
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.