2007 - 2008 LEGISLATURE
May 15, 2007 - Introduced by Representatives Lothian, Nass, J. Ott, LeMahieu,
Jeskewitz, Townsend, Hahn
and Nygren, cosponsored by Senators Kedzie,
Lassa, Roessler
and Darling. Referred to Committee on Judiciary and
AB330,1,3 1An Act to repeal 939.24 (3); and to amend 939.42 (intro.), 939.42 (1) and 939.42
2(2) of the statutes; relating to: voluntary intoxication as a defense to criminal
Analysis by the Legislative Reference Bureau
Under current law, if a person is intoxicated or drugged when he or she is
alleged to have committed a crime, the intoxication or drugged condition is a defense
to criminal liability if: 1) the person was involuntarily intoxicated or drugged at the
time of the alleged offense and the person's condition rendered him or her incapable
of distinguishing between right and wrong; or 2) the person's condition, whether
voluntarily or involuntarily produced, made it impossible for him or her to have had
the intent necessary to commit the crime. Voluntary intoxication, however, is
generally not a defense in the second situation if the offense charged is based on the
person's criminal recklessness. This bill eliminates the defense of voluntary
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB330, s. 1 4Section 1. 939.24 (3) of the statutes is repealed.
AB330, s. 2
1Section 2. 939.42 (intro.) of the statutes is amended to read:
AB330,2,4 2939.42 Intoxication. (intro.) An intoxicated or a drugged condition of the
3actor is a defense only if such condition is involuntarily produced and does one of the
AB330, s. 3 5Section 3. 939.42 (1) of the statutes is amended to read:
AB330,2,86 939.42 (1) Is involuntarily produced and renders Renders the actor incapable
7of distinguishing between right and wrong in regard to the alleged criminal act at
8the time the act is committed; or.
AB330, s. 4 9Section 4. 939.42 (2) of the statutes is amended to read:
AB330,2,1110 939.42 (2) Negatives the existence of a state of mind essential to the crime,
11except as provided in s. 939.24 (3)
AB330,2,1212 (End)