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Pennsylvania Consolidated Statutes

18 Pa. Cons. Stat. § 308 (2026)

 Intoxication or drugged condition.

✓ current as of May 2026
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§ 308.  Intoxication or drugged condition.

Neither voluntary intoxication nor voluntary drugged condition is a defense to a criminal charge, nor may evidence of such conditions be introduced to negative the element of intent of the offense, except that evidence of such intoxication or drugged condition of the defendant may be offered by the defendant whenever it is relevant to reduce murder from a higher degree to a lower degree of murder.

(Apr. 7, 1976, P.L.72, No.32, eff. imd.)

Notes of Decisions
Cited in 79 cases (9 in the last 5 years), 1974–2025 · leading case: Commonwealth v. Blakeney, 946 A.2d 645 (Pa. 2008).
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Commonwealth v. Blakeney, 946 A.2d 645 (Pa. 2008). · cites it 4× “Appellant cites 18 Pa.C.S. § 308 and Commonwealth v. Fairell, 476 Pa.”
Commonwealth v. Whitney, 512 A.2d 1152 (Pa. 1986). · cites it 4× “Although he did not contest the sufficiency of the evidence appellant does contend that the weight of the evidence clearly established his diminished capacity due to intoxication, and therefore negated his intent to commit first degree murder.”
Commonwealth v. Fletcher, 861 A.2d 898 (Pa. 2004). · cites it 2× “*908 18 Pa.C.S. § 308; Commonwealth v. Marshall, 534 Pa.”
Commonwealth v. Peacock, 369 A.2d 886 (Pa. Super. Ct. 1977). · cites it 16× “*215 Admittedly, at the time the appellant was brought to trial, [2] "evidence of intoxication or drugged condition of the defendant [could have been] offered by the defendant whenever it [was] relevant to negative an element of the offense, 18 Pa.C.S. § 308 added by Act of…”
Commonwealth v. Smith, 995 A.2d 1143 (Pa. 2010). · cites it 2× “§ 9711(d)(6) (defendant committed killing during perpetration of felony), alleging appellant killed the victim while trying to rape her.”
Commonwealth v. Towles, J., Aplt, 208 A.3d 988 (Pa. 2019). · cites it 3× “2) Voluntary Intoxication We proceed to consider Appellant's present emphasis on his drug and alcohol consumption, which is problematic not only because it ties into Appellant's subjective state of mind, but also on account of legal constraints upon the use of evidence of…”
Commonwealth v. Smith, 694 A.2d 1086 (Pa. 1997). · cites it 4× “Appellant admitted his guilt to third degree murder of the victim, and urged that this cocaine-induced psychosis evidence would allow the jury to mitigate the charge of first degree murder to third degree murder on the basis of section 308 of the Crimes Code, 18 Pa.C.S. § 308.…”
Commonwealth v. Rose, 321 A.2d 880 (Pa. 1974). · cites it 4× “there is evidence supporting the defense (whether presented by the prosecution or defendant), the prosecution has the normal burden; the defense must be negatived by proof beyond a reasonable doubt.”
Commonwealth v. Walzack, 360 A.2d 914 (Pa. 1976). · cites it 2× “Justice EAGEN makes reference to a recent statutory enactment, House Bill 826 (1975 session), eff.”
Commonwealth v. Stoyko, 475 A.2d 714 (Pa. 1984). · cites it 2× “See 18 Pa.C.S. § 308 which provides: *480 Neither voluntary intoxication nor voluntary drugged condition is a defense to a criminal charge, nor may evidence of such conditions be introduced to negative the element of intent of the offense, except that evidence of such…”
Shell v. State, 512 A.2d 358 (Md. 1986). · cites it 2× “2d 216, 220 (1984); 18 Pa. Cons. Stat. Ann. § 308 (Purdon, 1983).”
Commonwealth v. Henry, 569 A.2d 929 (Pa. 1990). · cites it 2× “Appellant argues that the court’s conclusion that Pennsylvania does not recognize a defense of insanity based upon what is described as an inherent pathologic illness triggered by the voluntary ingestion of alcohol is a perversion of 18 Pa.C.S. § 308 4 and a misinterpretation of…”
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