Is unconscious a defense to a criminal charge?

California, United States of America


The following excerpt is from The People v. Davis, A123160, No. VCR178077, No. VCR197472) (Cal. App. 2010):

"Unconsciousness, when not voluntarily induced [citation], is a complete defense to a criminal charge. [Citation.] An unconscious act within the contemplation of the Penal Code is one committed by a person who because of somnambulism, a blow on the head, or similar cause is not conscious of acting and whose act therefore cannot be deemed volitional. [Citation.]" (People v. Sedeno (1974) 10 Cal.3d 703, 717, overruled on other grounds in People v. Breverman (1998) 19 Cal.4th 142, 165.)

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