New Jersey § 2c:2-8

§ 2c:2-8.

a. Except as provided in subsection d. of this section, intoxication of the actor

is not a defense unless it negatives an element of the offense. b. When recklessness establishes an element of the offense, if the actor, due to self-induced

intoxication, is unaware of a risk of which he would have been aware had he been sober,

such unawareness is immaterial. c. Intoxication does not, in itself, constitute mental disease within the meaning

of chapter 4. 1 d. Intoxication which (1) is not self-induced or (2) is pathological is an affirmative

defense if by reason of such intoxication the actor at the time of his conduct did

not know the nature and quality of the act he was doing, or if he did know it, that

he did not know what he was doing was wrong. Intoxication under this subsection must be proved by clear and convincing evidence. e. Definitions. In this section unless a different meaning plainly is required: (1) “ Intoxication ” means a disturbance of mental or physical capacities resulting from the introduction

of substances into the body; (2) “ Self-induced intoxication ” means intoxication caused by substances which the actor knowingly introduces into

his body, the tendency of which to cause intoxication he knows or ought to know, unless

he introduces them pursuant to medical advice or under such circumstances as would

afford a defense to a charge of crime; (3) “ Pathological intoxication ” means intoxication grossly excessive in degree, given the amount of the intoxicant,

to which the actor does not know he is susceptible. 1

N.J.S.A. § 2C:4-1 et seq.