Criminal Law
Exam 22
Fact pattern
A, preparing for a big night on the town, takes a pill that a friend assured him would cause him to have “a good time.” While A knows the pill isa psychedelic drug, he assumes it is a mild one that might cause some distorted perceptions, but nothing too severe. In fact, though, the pill is a strong dose of LSD, a very powerful drug that can cause significant hallucinations.
Sometime later that night, A breaks into a zoo and steals a koala bear. A then rips his clothes off and, terrified koala bear in tow, goes streaking naked through what he thinks is a park closed to the public at that time of night. In fact, the park is a girl-scout camp, where several minors see A’s naked body.
In a common-law jurisdiction, A is charged with two crimes: (1) recklessly taking and carrying away another’s animal and (2) exposing a person’s sexual organs, intending to be seen by minors. Assume the prosecution can prove the above facts at the ensuing trial. Further assume that the prosecution can establish, beyond a reasonable doubt, the actus reus of both crimes charged.
At trial, A testifies, quite truthfully, that he intended to get “messed up and see stuff” and to “have a good time,” but not to “get totally messed up, steal a koala, and go streaking through a girl scout camp.”
A asserts alternative defenses of involuntary intoxication and voluntary intoxication. In this common-law jurisdiction, voluntary intoxication is a defense to specific-intent crimes if, due to intoxication, the defendant did not form the specific intent required in the crime’s definition. Involuntary intoxication is a defense to both specific and general intent crimes if, due to intoxication, the defendant did not form the mental state required in the crime’s definition.
Note: Authorities eventually return the koala to the zoo, unharmed.
Question
Will A’s intoxication defenses succeed? Explain, applying only the common law.Will A’s intoxication defenses succeed? Explain, applying only the common law.