Does Section 26 exempt a person from criminal liability under section 26 of the California Criminal Code from a general intent crime if they committed the crime while unconscious?

Section 26 exempts from criminal liability "[p]ersons who committed the act charged without being conscious thereof." ( 26, class four.) This type of "[u]nconsciousness does not mean that the actor lies still and unresponsive. Instead, a person is deemed 'unconscious' if he or she committed the act without being conscious thereof." (People v. Haley (2004) 34 Cal.4th 283, 313.) Unconsciousness, when not voluntarily induced, is a complete defense to a charged crime. (People v. Rogers (2006) 39 Cal.4th 826, 887.)

Voluntary intoxication includes "voluntary ingestion, injection, or taking by any other means of any intoxicating liquor, drug, or other substance." ( 29.4, subd. (c).) Evidence of voluntary intoxication is admissible as to whether a defendant actually formed a required specific intent or mental state for the charged crime (id., subd. (b)), but voluntary intoxication is not a defense to a general intent crime (People v. Velez (1985)

Page 19