Under common law, the intoxication defense is available only to which type of crime?

• A. General intent crimes
• B. Malice crimes
• C. Strict liability crimes
• D. Specific intent crimes

Answer: (D)

At common law, voluntary intoxication can prevent the formation of a particular mental state only when the crime requires a specific intent. Crimes that require a specific intent ask the defendant to intend a particular result or purpose (for example, to steal or to commit the crime with a purposeful design). If intoxication prevents forming that specific intent, the offense can be defeated or reduced.

In contrast, general intent crimes require only the intent to perform the act itself, not a further purpose or goal, so intoxication does not defeat that mental state. Malice crimes focus on a reckless or malicious mindset, which intoxication does not negate. Strict liability crimes do not require any mental state at all, so intoxication offers no defense there either.

Involuntary intoxication, however, can be a defense to any crime if it negates an essential element, but with voluntary intoxication, the allowed defense is limited to specific intent offenses.