Does section 22 of the California Penal Code apply to unconsciousness caused by voluntary intoxication?
California, United States of America
The following excerpt is from People v. Chaffey, 25 Cal.App.4th 852, 30 Cal.Rptr.2d 757 (Cal. App. 1994):
"Unconsciousness caused by voluntary intoxication is governed by Penal Code section 22, rather than section 26, and it is not a defense when a crime requires only a general intent. [Citations; fn. omitted.]" (People v. Conley (1966) 64 Cal.2d 310, 323-324, 49 Cal.Rptr. 815, 411 P.2d 911.) Does section 22 apply here?
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Does Section 26 of the Penal Code section 2600 of the California Penal Code apply? (California, United States of America)
Does section 12022.5, subdivision (a) of the California Penal Code, section 120 22.5(1) of Section 1385(2) apply to a defendant who personally uses a firearm in the commission of a felony or attempted felony? (California, United States of America)
Does section 654 of the California Penal Code allow for an act or omission that is punishable by different sections of the Penal Code to be punished by one or more sections? (California, United States of America)
Does section 12022.9 of the California Penal Code apply to a defendant who intentionally injures a pregnant woman and causes the termination of her pregnancy? (California, United States of America)
Does section 29.4 of the California Penal Code apply to a defendant who is in a state of intoxication? (California, United States of America)
Does section 27 of the California Criminal Code, section 778a, subdivision (a)(1) of the Criminal Code of California apply to a defendant who is charged with a charge of conspiracy to commit a crime committed outside of the state? (California, United States of America)
Is a convicted member of a street gang who is serving time for a charge of possession of a firearm with intent to endanger life or cause grievous bodily harm under section 186.22 of the California Penal Code (b)(1)(1) of the Penal Code)? (California, United States of America)
Can a defendant be convicted of a lesser included crime of the same crime under both sections of the California Penal Code and Section 654 of the Penal Code? (California, United States of America)
Does Section 490.2 and Section 1170.18 of the California Penal Code apply to a defendant who has completed his or her sentence for a felony conviction? (California, United States of America)
What is the effect of section 633.5 of the California Penal Code on a phone recording pursuant to section 632 of the Penal Code? (California, United States of America)
