New Jersey Statutes
N.J. Stat. § 2C:2-8 (2026)
Intoxication
✓ current as of May 2026
a. Except as provided in subsection d. of this section, intoxication of the actor is not a defense unless it negatives an element of the offense.
b. When recklessness establishes an element of the offense, if the actor, due to self-induced intoxication, is unaware of a risk of which he would have been aware had he been sober, such unawareness is immaterial.
c. Intoxication does not, in itself, constitute mental disease within the meaning of chapter 4.
d. Intoxication which (1) is not self-induced or (2) is pathological is an affirmative defense if by reason of such intoxication the actor at the time of his conduct did not know the nature and quality of the act he was doing, or if he did know it, that he did not know what he was doing was wrong. Intoxication under this subsection must be proved by clear and convincing evidence.
e. Definitions. In this section unless a different meaning plainly is required:
(1) "Intoxication" means a disturbance of mental or physical capacities resulting from the introduction of substances into the body;
(2) "Self-induced intoxication" means intoxication caused by substances which the actor knowingly introduces into his body, the tendency of which to cause intoxication he knows or ought to know, unless he introduces them pursuant to medical advice or under such circumstances as would afford a defense to a charge of crime;
(3) "Pathological intoxication" means intoxication grossly excessive in degree, given the amount of the intoxicant, to which the actor does not know he is susceptible.
Notes of Decisions
Cited in 38
cases (18 in the last 5 years), 1976–2026 · leading case: State v. Vandeweaghe, 799 A.2d 1 (N.J. Super. Ct. App. Div. 2002).
State v. Vandeweaghe, 799 A.2d 1 (N.J. Super. Ct. App. Div. 2002). “2d 218 (citing N.J.S.A. 2C:2-8). A person is guilty of aggravated manslaughter if he "recklessly causes death under circumstances manifesting extreme indifference to human life," N.”
State v. Atkins, 377 A.2d 718 (N.J. Super. Ct. App. Div. 1977). “08; the proposed New Jersey Penal Code § 2C:2-8(a), derived from the Model Penal Code, I Final Report of the New Jersey Criminal Law Revision Commission (1971) at 21 (intoxication is a defense if it negatives an element of the offense).”
State v. Del Vecchio, 361 A.2d 579 (N.J. Super. Ct. App. Div. 1976). “08; New Jersey Criminal Law Revision Commission, " The New Jersey Penal Code," § 2C:2-8 at 21 (1971). If defendant should be acquitted, it is not because the law excuses his conduct of voluntary intoxication and breaking and entering, but because he lacked the required specific…”
State v. Mesz, 210 A.3d 258 (N.J. Super. Ct. App. Div. 2019). “N.J.S.A. 2C:2-8(e)(3) defines "pathologically intoxicated" as "intoxication grossly excessive in degree, given the amount of the intoxicant, to which the actor does not know he is susceptible.”
State of New Jersey Vs. Dennis W. Pozniak (15-07-0872, Burlington Cnty. & Statewide) (N.J. Super. Ct. App. Div. 2019). “As Judge Stern explained in Juinta, while diminished capacity is in many ways analogous to intoxication, voluntary intoxication does not excuse reckless conduct only because of the wording of N.J.S.A. 2C:2-8[(b),] which provides that '[w]hen recklessness establishes an element…”
State of New Jersey Vs. Jhon Velencia (17-03-0223, Union Cnty. & Statewide) (N.J. Super. Ct. App. Div. 2021). “" N.J.S.A. 2C:2-8(a). In order for intoxication to negate an element of the offense, there must be a "prostration of faculties," which is "a disturbance of mental or physical capacities resulting from the introduction of substances into the body" so that the actor is unable to…”
State of New Jersey Vs. Christopher Aparicio- Reyes (16-11-1874, Monmouth Cnty. & Statewide) (N.J. Super. Ct. App. Div. 2021). “Self-induced intoxication as a defense "means intoxication caused by substances which the actor knowingly introduces into his body, the tendency of which to cause intoxication he knows or ought to know, unless he introduces them pursuant to medical advice or under such…”
State of New Jersey Vs. Janean Owens(07-01-00155 & 07-01-00158, Middlesex Cnty. & Statewide) (N.J. Super. Ct. App. Div. 2017). “" N.J.S.A. 2C:2-8(b); see also, State v. Baum, 224 N.”
C.R. Vs. M.T. (fv-08-0021-19, Gloucester Cnty. & Statewide) (record Impounded) (N.J. Super. Ct. App. Div. 2019). “A criminally-accused individual's intoxication will "negative[] an element of the offense," N.J.S.A. 2C:2-8(a), when it produces "a disturbance of mental or physical capacities," N.”
State of New Jersey Vs. Johnny Be Jones III (14-05-1287, Essex Cnty. & Statewide) (N.J. Super. Ct. App. Div. 2019). “"To act purposely requires a conscious objective to engage in conduct or to cause the result of conduct, while to act knowingly requires awareness of the nature of the conduct involved." State v.”
State of New Jersey Vs. Juan Castillo (06-05-0485, Union Cnty. & Statewide) (N.J. Super. Ct. App. Div. 2020). “18, 2005) and Model Jury Charges (Criminal), "Effect of Intoxication on Jury's Consideration of Lesser Offenses Involving Recklessness (N.”
State of New Jersey Vs. Edgar Martinez (16-01-0025, Middlesex Cnty. & Statewide) (N.J. Super. Ct. App. Div. 2020). “N.J.S.A. 2C:2-8(a). In the case of purposeful or knowing murder, voluntary intoxication can reduce the offense from murder to manslaughter or aggravated manslaughter.”
— N.J. Stat. § 2C:2-8(a) — 21 cases
State v. Atkins, 377 A.2d 718 (N.J. Super. Ct. App. Div. 1977). “08; the proposed New Jersey Penal Code § 2C:2-8(a), derived from the Model Penal Code, I Final Report of the New Jersey Criminal Law Revision Commission (1971) at 21 (intoxication is a defense if it negatives an element of the offense).”
State of New Jersey Vs. Dennis W. Pozniak (15-07-0872, Burlington Cnty. & Statewide) (N.J. Super. Ct. App. Div. 2019). “As Judge Stern explained in Juinta, while diminished capacity is in many ways analogous to intoxication, voluntary intoxication does not excuse reckless conduct only because of the wording of N.J.S.A. 2C:2-8[(b),] which provides that '[w]hen recklessness establishes an element…”
State of New Jersey Vs. Jhon Velencia (17-03-0223, Union Cnty. & Statewide) (N.J. Super. Ct. App. Div. 2021). “" N.J.S.A. 2C:2-8(a). In order for intoxication to negate an element of the offense, there must be a "prostration of faculties," which is "a disturbance of mental or physical capacities resulting from the introduction of substances into the body" so that the actor is unable to…”
State of New Jersey Vs. Devinn K. Davis (18-08-1081, Monmouth Cnty. & Statewide) (N.J. Super. Ct. App. Div. 2021).
Moon v. Johnson (D.N.J. 2019).
— N.J. Stat. § 2C:2-8(b) — 10 cases
State v. Vandeweaghe, 799 A.2d 1 (N.J. Super. Ct. App. Div. 2002). “2d 218 (citing N.J.S.A. 2C:2-8). A person is guilty of aggravated manslaughter if he "recklessly causes death under circumstances manifesting extreme indifference to human life," N.”
State of New Jersey Vs. Dennis W. Pozniak (15-07-0872, Burlington Cnty. & Statewide) (N.J. Super. Ct. App. Div. 2019). “As Judge Stern explained in Juinta, while diminished capacity is in many ways analogous to intoxication, voluntary intoxication does not excuse reckless conduct only because of the wording of N.J.S.A. 2C:2-8[(b),] which provides that '[w]hen recklessness establishes an element…”
Leal, 26 I. & N. Dec. 20 (2012).
State of New Jersey Vs. Janean Owens(07-01-00155 & 07-01-00158, Middlesex Cnty. & Statewide) (N.J. Super. Ct. App. Div. 2017). “" N.J.S.A. 2C:2-8(b); see also, State v. Baum, 224 N.”
State of New Jersey Vs. Juan Castillo (06-05-0485, Union Cnty. & Statewide) (N.J. Super. Ct. App. Div. 2020). “18, 2005) and Model Jury Charges (Criminal), "Effect of Intoxication on Jury's Consideration of Lesser Offenses Involving Recklessness (N.”
— N.J. Stat. § 2C:2-8(c) — 4 cases
State of New Jersey Vs. Janean Owens(07-01-00155 & 07-01-00158, Middlesex Cnty. & Statewide) (N.J. Super. Ct. App. Div. 2017). “" N.J.S.A. 2C:2-8(b); see also, State v. Baum, 224 N.”
State of New Jersey Vs. Timothy J. Ladd(11-06-1019, Ocean Cnty. & Statewide) (N.J. Super. Ct. App. Div. 2017).
State of New Jersey Vs. Rico Parks (12-06-0475, Union Cnty. & Statewide) (N.J. Super. Ct. App. Div. 2021).
State of New Jersey v. Ernest M. Pierce, III (N.J. Super. Ct. App. Div. 2025).
— N.J. Stat. § 2C:2-8(d) — 1 case
State of New Jersey v. Marcus K. Pendleton (N.J. Super. Ct. App. Div. 2026).
— N.J. Stat. § 2C:2-8(e) — 1 case
State of New Jersey Vs. Johnny Be Jones III (14-05-1287, Essex Cnty. & Statewide) (N.J. Super. Ct. App. Div. 2019). “"To act purposely requires a conscious objective to engage in conduct or to cause the result of conduct, while to act knowingly requires awareness of the nature of the conduct involved." State v.”
— N.J. Stat. § 2C:2-8(e)(1) — 2 cases
C.R. Vs. M.T. (fv-08-0021-19, Gloucester Cnty. & Statewide) (record Impounded) (N.J. Super. Ct. App. Div. 2019). “A criminally-accused individual's intoxication will "negative[] an element of the offense," N.J.S.A. 2C:2-8(a), when it produces "a disturbance of mental or physical capacities," N.”
State of New Jersey Vs. Jhon Velencia (17-03-0223, Union Cnty. & Statewide) (N.J. Super. Ct. App. Div. 2021). “" N.J.S.A. 2C:2-8(a). In order for intoxication to negate an element of the offense, there must be a "prostration of faculties," which is "a disturbance of mental or physical capacities resulting from the introduction of substances into the body" so that the actor is unable to…”
— N.J. Stat. § 2C:2-8(e)(2) — 1 case
State of New Jersey Vs. Christopher Aparicio- Reyes (16-11-1874, Monmouth Cnty. & Statewide) (N.J. Super. Ct. App. Div. 2021). “Self-induced intoxication as a defense "means intoxication caused by substances which the actor knowingly introduces into his body, the tendency of which to cause intoxication he knows or ought to know, unless he introduces them pursuant to medical advice or under such…”
— N.J. Stat. § 2C:2-8(e)(3) — 2 cases
State v. Mesz, 210 A.3d 258 (N.J. Super. Ct. App. Div. 2019). “N.J.S.A. 2C:2-8(e)(3) defines "pathologically intoxicated" as "intoxication grossly excessive in degree, given the amount of the intoxicant, to which the actor does not know he is susceptible.”
State of New Jersey Vs. Morgan G. Mesz (11-07-0761, Union Cnty. & Statewide) (N.J. Super. Ct. App. Div. 2019).
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