Intoxication due to a defendant’s voluntary consumption of drugs or alcohol isn’t usually a defense to criminal charges—but if the intoxication was involuntary, it may be a defense on the basis that the defendant did not understand what he was doing or that what he was doing was wrong. And some states allow a defendant to assert a defense that his voluntary intoxication prevented him from forming the specific intent to commit the crime (attempted murder, for example). But this is a question of fact that the jury will usually determine.

The availability and definition of any defense to criminal charges based on the defendant’s voluntary or involuntary intoxication is usually located in a state’s statutes—often in the penal or criminal code.

In Wyoming, as in many states, voluntary intoxication is generally not a defense to criminal charges. This means that if a defendant was under the influence of drugs or alcohol by their own decision, they are still held responsible for their actions under the law. However, if the intoxication was involuntary—meaning the defendant was drugged without their knowledge or consent—it may serve as a defense if it can be shown that the defendant was incapable of understanding the nature of their actions or that their actions were wrong. In cases where specific intent is an element of the crime, such as attempted murder, a defendant in Wyoming might argue that their voluntary intoxication prevented them from forming the requisite intent to commit the crime. This is a complex issue and whether this defense is applicable is typically a question of fact for the jury to determine. The specifics of these defenses and their applicability would be detailed in Wyoming's penal or criminal codes and interpreted through case law.