Is a person who commits a criminal act "without being conscious thereof" legally incapable of committing the crime?

California, United States of America

The following excerpt is from People v. Carr, B226442 (Cal. App. 2011):

A person who commits a criminal act "without being conscious thereof" is legally incapable of committing a crime. (Pen. Code, 26, subd. Four.) The unconsciousness law applies when a person is "not conscious of his or her actions" because he or she is asleep, or suffering from an illness, injury, involuntary drug or alcohol intoxication, or similar condition. (CALCRIM No. 3425.) Legal unconsciousness does not mean that a person lies still or is otherwise immobile; a person is unconscious when he physically acts but is not, at the time, conscious of acting. (People v. Rogers (2006) 39 Cal.4th 826, 887.)

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