Nebraska § 29-122 - Criminal responsibility; intoxication; not a defense; exceptions.
Full text of Nebraska Revised Statutes of Nebraska § 29-122 — Criminal responsibility; intoxication; not a defense; exceptions., with citation guidance and answers to common questions.
§ 29-122. Criminal responsibility; intoxication; not a defense; exceptions.
A person who is intoxicated is criminally responsible for his or her conduct. Intoxication is not a defense to any criminal offense and shall not be taken into consideration in determining the existence of a mental state that is an element of the criminal offense unless the defendant proves, by clear and convincing evidence, that he or she did not (1) know that it was an intoxicating substance when he or she ingested, inhaled, injected, or absorbed the substance causing the intoxication or (2) ingest, inhale, inject, or absorb the intoxicating substance voluntarily.
The defendant's being "heavily intoxicated" did not preclude her from having the requisite intent to terrorize the victim where the defendant pointed to no evidence that, on the night in question, she did not know she was ingesting alcohol or that she did not voluntarily ingest alcohol. State v. Clark, 315 Neb. 736, 1 N.W.3d 487 (2024).
In enacting this section, the Legislature redefined the mental state elements of all subjective criminal offenses in Nebraska to provide for an objective inquiry: whether the State proved circumstances surrounding the offense that would otherwise establish the requisite mental state "but for" the defendant's voluntary intoxication. State v. Esch, 315 Neb. 482, 997 N.W.2d 569 (2023).
Voluntary intoxication is not a defense to any criminal offense and shall not be taken into consideration in determining the existence of a mental state that is an element of the criminal offense. State v. Cheloha, 25 Neb. App. 403, 907 N.W.2d 317 (2018).
Source: official Nebraska text · Last verified 2026-08-27
Frequently Asked Questions About Nebraska § 29-122
What does Revised Statutes of Nebraska § 29-122 cover?
Section 29-122 ("Criminal responsibility; intoxication; not a defense; exceptions.") is part of the Revised Statutes of Nebraska, the codified statutory law of Nebraska. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Nebraska § 29-122?
A common citation format is "Revised Statutes of Nebraska § 29-122" (Nebraska). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Nebraska law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Nebraska official source linked on this page or consult a licensed Nebraska attorney.
How does Nebraska § 29-122 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Nebraska can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Nebraska.