Utah Code
Utah Code § 76-2-306 (2026)
Voluntary intoxication
✓ current as of May 2026
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1/1/2027
Voluntary intoxication is not a defense to a criminal charge unless such intoxication negates the existence of the mental state which is an element of the offense. If recklessness or criminal negligence establishes an element of an offense and the actor is unaware of the risk because of voluntary intoxication, the actor's unawareness is immaterial in a prosecution for that offense.
Voluntary intoxication is not a defense to a sexual offense, as described in Title 76, Chapter 5, Part 4, Sexual Offenses.
Notes of Decisions
Cited in 34
cases, 1976–2020 · leading case: State v. Bryan, 709 P.2d 257 (Utah 1985).
State v. Bryan, 709 P.2d 257 (Utah 1985). “, 1953, § 76-2-306 provides: [I]f recklessness or criminal negligence establishes an element of an offense and the actor is unaware of the risk because of voluntary intoxication, his unawareness is immaterial in a prosecution for that offense.”
State v. Wood, 648 P.2d 71 (Utah 1982). “Section 76-2-306 provides that "[v]oluntary intoxication shall not be a defense to a criminal charge unless such intoxication negates the existence of the mental state which is an element of the offense.”
State v. Standiford, 769 P.2d 254 (Utah 1988). “[11] Utah Code Ann. § 76-2-306 provides: Voluntary intoxication shall not be a defense to a criminal charge unless such intoxication negates the existence of the mental state which is an element of the offense; however, if recklessness or criminal negligence establishes an…”
State v. Cummins, 839 P.2d 848 (Utah Ct. App. 1992). “Applicable Statutory Provisions Utah Code Ann. § 76-2-306 (1990) states, in relevant part, that “voluntary intoxication shall not be a defense to a criminal charge unless such intoxication negates the existence of the mental state which is an element of the offense.”
State v. Tennyson, 850 P.2d 461 (Utah Ct. App. 1993). “See Utah Code Ann. § 76-2-306 (1990). The jury instructions as a whole clearly afforded the jury an opportunity to accept defendant’s theory of the case and find him innocent if the jurors determined that the facts bore his theory out.”
State v. Johnson, 784 P.2d 1135 (Utah 1989). “As support, he cites Utah Code Ann. § 76-2-306 (1978), which states in part: "Voluntary intoxication shall not be a defense to a criminal charge unless such intoxication negates the existence of the mental state which is an element of the offense.”
Koehler v. Allen, 2020 UT App 73 (Utah Ct. App. 2020). “(quoting Utah Code Ann. § 76-2-306 (LexisNexis 2017)).”
State v. Burke, 2011 UT App 168 (Utah Ct. App. 2011). “See Utah Code Ann. §§ 76-2-306 , -308 (2008); State v.”
Codianna v. Morris, 660 P.2d 1101 (Utah 1983). “, 1953, § 76-2-306 states, "Voluntary intoxication shall not be a defense to a criminal charge unless such intoxication negates the existence of the mental state which is an element of the offense .”
Adams v. State, 2005 UT 62 (Utah 2005). “Under Utah Code section 76-2-306, voluntary intoxication "may negate the existence of a particular intent .”
State v. Jaramillo, 2016 UT App 70 (Utah Ct. App. 2016). “The voluntary intoxication statute specifies that "if recklessness or criminal negligence establishes an element of an offense and the actor is unaware of the risk because of voluntary intoxication, his unawareness is immaterial in a prosecution for that offense.”
State v. Chacon, 962 P.2d 48 (Utah 1998). “” Utah Code Ann. § 76-2-306 (1995). In order for intoxication to be a valid defense, “one must be so under the influence of alcohol that at the time of the alleged offense, he was then and there incapable of forming the necessary intent, namely, having a conscious objective or…”
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