WPIC 20.04 Insanity—Voluntary Act

Use when the defendant pleads insanity but the evidence suggests that the claimed insanity was directly caused by the defendant's own voluntary act, such as using alcohol and drugs.

Do not use this instruction if the defendant pleads voluntary intoxication or diminished capacity instead of insanity. For voluntary intoxication, see WPIC 18.10 (Intoxication—Defense). For diminished capacity, see WPIC 18.20 (Diminished Capacity—Defense).

RCW 10.77.030(3).

Evidence of voluntary intoxication is, by itself, insufficient to justify submitting the defense of insanity to the jury. Chronic addiction to alcohol, by itself, is likewise insufficient. The only time alcohol and drug related insanity may be used as an insanity defense is when the influence of alcohol or drugs triggers an underlying psychotic disorder of a settled nature, such as delirium tremens. State v. Wicks, 98 Wn.2d 620, 657 P.2d 781 (1983) (insanity instruction properly refused). See also State v. Swagerty, 60 Wn.App. 830, 834, 810 P.2d 1 (1991) (voluntary intoxication does not absolve the defendant of criminal responsibility) and the Comment to WPIC 18.10 (Voluntary Intoxication).