Talk:Public intoxication
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[edit] Public intoxication by U.S. state
Does anyone know of a comprehensive map or rundown by state? I know most states got rid of these laws, but some, including Iowa, kept them. I'm curious as to which states continue with these unfair laws and I think it is worthwhile info for a page like this.--Hraefen Talk 00:15, 6 October 2007 (UTC)
I don't know how to do these talk pages correctly, so hope I'm getting through here. I am looking for the same kind of comprehensive rundown. I do know that both Vermnt and NH have an identically worded statute: Here's VSA Title 15 § 1029. I have put in boldface the part that makes being intoxicated is a protected condition.
VSA Title 15 § 1029 Alcoholism, limitations, exceptions
(a) No political subdivision of the state may adopt or enforce a law or rule having the force of law that includes being found in an intoxicated condition as one of the elements of the offense giving rise to a criminal or civil penalty. No political subdivision may interpret or apply any law of general application to circumvent this provision.
(b) Nothing in this section affects any law or rule against operating a motor vehicle or other machinery under the influence of alcohol or possession or use of alcoholic beverages at stated times and places or by a particular class of persons.
(c) This section does not make intoxication or incapacitation as defined in section 9142 of Title 18 an excuse or defense for any criminal act. Nothing contained herein shall change current law relative to insanity as a defense for any criminal act.
(d) This section does not relieve any person from civil liability for any injury to persons or property caused by that person while intoxicated or incapacitated. (Added 1977, No. 208 (Adj. Sess.), § 12.)
Finn (John T) (talk) 01:47, 30 January 2008 (UTC)
