Section 76-2-306 - Voluntary intoxication(1) Voluntary intoxication is not a defense to a criminal charge unless such intoxication negates the existence of the mental state which is an element of the offense. If recklessness or criminal negligence establishes an element of an offense and the actor is unaware of the risk because of voluntary intoxication, his unawareness is immaterial in a prosecution for that offense.(2) Voluntary intoxication is not a defense to sexual offenses, as defined in Title 76, Chapter 5, Part 4, Sexual Offenses.Amended by Chapter 322, 2017 General Session ,§ 1, eff. 5/9/2017.Enacted by Chapter 196, 1973 General Session