Texas Codes

Tex. Penal Code § 8.04 (2026)

Intoxication

✓ current as of May 2026

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Sec. 8.04. INTOXICATION. (a) Voluntary intoxication does not constitute a defense to the commission of crime.

(b) Evidence of temporary insanity caused by intoxication may be introduced by the actor in mitigation of the penalty attached to the offense for which he is being tried.

(c) When temporary insanity is relied upon as a defense and the evidence tends to show that such insanity was caused by intoxication, the court shall charge the jury in accordance with the provisions of this section.

(d) For purposes of this section "intoxication" means disturbance of mental or physical capacity resulting from the introduction of any substance into the body.

Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.

Notes of Decisions

Cited in 259 cases (31 in the last 5 years), 1981–2026 · leading case: Sakil v. State, 287 S.W.3d 23 (Tex. Crim. App. 2009).

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Sakil v. State, 287 S.W.3d 23 (Tex. Crim. App. 2009). · cites it 4× “Tex. Penal Code Ann. § 8.04 (a) & (d) (Vernon 2003).”

Davis v. State, 313 S.W.3d 317 (Tex. Crim. App. 2010). · cites it 3× “State that “Texas Penal Code § 8.04(a) bars the use of evidence of voluntary intoxication to negate the culpable mental state of a crime.”

Taylor v. State, 856 S.W.2d 459 (Tex. App. 1993). · cites it 8× “04, subsections (a) and (d) of the Texas Penal Code. TEX.PENAL CODE ANN. § 8.”

Ex Parte Martinez, 195 S.W.3d 713 (Tex. Crim. App. 2006). · cites it 2× “TEX. PEN.CODE ANN. § 8.04(b) (Vernon 2005).”

Leday v. State, 983 S.W.2d 713 (Tex. Crim. App. 1998). · cites it 2× “[18] See TEX. PENAL CODE §§ 8.04 (voluntary intoxication), 19.”

Smith, Joseph Anthony, 577 S.W.3d 548 (Tex. Crim. App. 2019). · cites it 6× “CONCLUSION Having defined with greater particularity the way in which we think the charge was erroneous, we remand this case to the court of appeals to decide whether that error was preserved, which of Almanza 's harm analyses ought to apply, and ultimately whether the error was…”

Williams v. State, 937 S.W.2d 479 (Tex. Crim. App. 1997). · cites it 2× “Texas Penal Code § 8.04(b) & (c); San Miguel, 864 S.”

Montana v. Egelhoff, 518 U.S. 37 (1996). · cites it 2× “as Amici Curiae 16). He refuses to consider the adequacy of those reasons, however, because they were not brought forward by Montana's lawyers.”

Martinez v. State, 17 S.W.3d 677 (Tex. Crim. App. 2000). · cites it 2× “Texas Penal Code § 8.04(b) & (c). [15] We note that the jury's verdict on punishment was delivered within an hour and a half after deliberations began.”

Cantu v. State, 939 S.W.2d 627 (Tex. Crim. App. 1997). · cites it 2× “Pursuant to Tex. Penal Code § 8.04, the trial court submitted the following instruction to the jury in the punishment charge: Evidence of the mental or physical incapacity of the defendant caused by voluntary intoxication may be introduced by the defendant in mitigation of the…”

Mendez v. State, 138 S.W.3d 334 (Tex. Crim. App. 2004). “A judge shall suspend the imposition of the sentence and place the defendant on community supervision if the jury makes that recommendation in the verdict.”

Rojas v. State, 986 S.W.2d 241 (Tex. Crim. App. 1998). · cites it 2× “We now address applicant's specific arguments: With regard to appellant's intent argument, we note that under Texas Penal Code, Section 8.04, voluntary intoxication cannot constitute any defense to the commission of a crime.”

Show all 259 citing cases →

— Tex. Penal Code § 8.04(a) — 91 cases

Davis v. State, 313 S.W.3d 317 (Tex. Crim. App. 2010). “State that “Texas Penal Code § 8.04(a) bars the use of evidence of voluntary intoxication to negate the culpable mental state of a crime.”

Smith, Joseph Anthony, 577 S.W.3d 548 (Tex. Crim. App. 2019). “CONCLUSION Having defined with greater particularity the way in which we think the charge was erroneous, we remand this case to the court of appeals to decide whether that error was preserved, which of Almanza 's harm analyses ought to apply, and ultimately whether the error was…”

Skinner v. State, 956 S.W.2d 532 (Tex. Crim. App. 1997).

Raby v. State, 970 S.W.2d 1 (Tex. Crim. App. 1998).

Smith v. State, 522 S.W.3d 628 (Tex. App. 2017).

— Tex. Penal Code § 8.04(b) — 28 cases

Ex Parte Martinez, 195 S.W.3d 713 (Tex. Crim. App. 2006). “TEX. PEN.CODE ANN. § 8.04(b) (Vernon 2005).”

Williams v. State, 937 S.W.2d 479 (Tex. Crim. App. 1997). “Texas Penal Code § 8.04(b) & (c); San Miguel, 864 S.”

Martinez v. State, 17 S.W.3d 677 (Tex. Crim. App. 2000). “Texas Penal Code § 8.04(b) & (c). [15] We note that the jury's verdict on punishment was delivered within an hour and a half after deliberations began.”

— Tex. Penal Code § 8.04(c) — 6 cases

Taylor v. State, 856 S.W.2d 459 (Tex. App. 1993). “04, subsections (a) and (d) of the Texas Penal Code. TEX.PENAL CODE ANN. § 8.”

Gonzales v. State, 838 S.W.2d 848 (Tex. App. 1992).

Sakil v. State, 281 S.W.3d 87 (Tex. App. 2008).

Meine, Todd (Tex. App. 2015).

Christian Dewayne Smith v. the State of Texas (Tex. App. 2023).

— Tex. Penal Code § 8.04(d) — 5 cases

Shayne Daniel Afzal v. State, 559 S.W.3d 204 (Tex. App. 2018).

Rylee Carl Eklund v. State (Tex. App. 2018).

Cassius Collins v. the State of Texas (Tex. App. 2023).

Cesar Rodriguez v. the State of Texas (Tex. App. 2024).

Lewis, Michael Wayne v. State (Tex. App. 2013).

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