An individual, while extremely intoxicated, decides to break into a liquor store to steal alcohol. He smashes the front window, enters the store, and is apprehended immediately by police. In a jurisdiction where voluntary intoxication is a defense only to specific intent crimes, what is the most likely outcome for a charge of burglary (common law)?
- AGuilty of burglary, as breaking and entering is a general intent act.
- BGuilty of attempted burglary, as he completed the breaking and entering.
- CGuilty of burglary, as intoxication is never a defense to property crimes.
- DNot guilty of burglary, as his intoxication may negate the specific intent required.
Show answer & explanationAnswer & explanation
Correct answer: D. Not guilty of burglary, as his intoxication may negate the specific intent required.
Common law burglary requires the specific intent to commit a felony (or larceny) inside the dwelling at the time of breaking and entering. Voluntary intoxication can be a defense to specific intent crimes if it negates the defendant's capacity to form that specific intent. Therefore, if the individual was so intoxicated that he could not form the specific intent to steal (the felony therein) at the moment of breaking and entering, he would not be guilty of burglary.
Why the other options are wrong
- A. While breaking and entering are physical acts, the crime of burglary itself requires the additional specific intent element, which intoxication may negate.
- B. If the specific intent for burglary is negated, then attempted burglary (which also requires specific intent) would also likely fail. The question asks about burglary itself.
- C. Intoxication can be a defense to specific intent property crimes like burglary, not 'never'.
Voluntary Intoxication (Defense)
Voluntary intoxication can be a defense to specific intent crimes if it negates the defendant's capacity to form the requisite specific intent. It is generally not a defense to general intent crimes.
- Must be voluntary (self-induced)
- Only a defense to specific intent crimes
- Must negate the actual formation of specific intent
- Not a defense to general intent, reckless, or negligent crimes
Memory trick: Intoxication's blur: specific intent it can deter.