Examples of States Requiring a Higher Degree of Intoxication Where Victims of Sexual Offenses Are Voluntarily Intoxicated Compared to Victims Who Are Involuntarily Intoxicated
| State | Statutes | Required Condition Due to Voluntary Intoxication | Required Condition Due to Involuntary Intoxication |
|---|---|---|---|
| Arkansas | Ark. Code Ann. § 5-14-101(6) (2021) | “That renders the person unaware a sexual act is occurring” | “[T]emporarily incapable of appreciating or controlling the person’s conduct” |
| Colorado | Colo. Rev. Stat. § 18-3-402(1)(b), (4)(d); § 18-3-404(1)(b), (1)(d) (2022) | “[T]he victim is incapable of appraising the nature of the victim’s conduct” | “The actor has substantially impaired the victim’s power to appraise or control the victim’s conduct” |
| Rhode Island | R.I. Gen. Laws § 11-37-1(5) (1999) | “[I]s mentally unable to communicate unwillingness to an act” | “[I]ncapable of appraising or controlling his or her conduct” |