CR07-153 07/29/05

DIMINISHED CAPACITY (under the influence)

(Def)_______________ is charged with (crime charged)_______________, which requires the State to prove that [he] [she] acted with the specific intent to (specific intent)_______________. Evidence that [he] [she] was under the influence of [intoxicating liquor] [(other substance)_______________] may be relevant in determining whether [he] [she] had the mental capacity to form this intent, and whether [he] [she] actually did so.

You must consider all of the evidence, including any evidence of intoxication, in reaching your decision. If you have a reasonable doubt about whether (Def)_______________ formed the required intent, you must give [him] [her] the benefit of that doubt and find [him] [her] not guilty of (crime charged)_______________.

[However, if (Def)_______________ formed the required intent before becoming intoxicated, or if [he] [she] voluntarily became intoxicated knowing that the effects of the alcohol would predispose [him] [her] to commit the crime, then the law does not recognize intoxication as a defense. You must then ignore any evidence of intoxication and consider whether the State has proven the essential elements of the crime.]