(a) The minimal requirement for criminal liability is the performance by a person of conduct which includes a voluntary act or the omission to perform an act which he is capable of performing.

(b) A person is not guilty of an offense unless he/she acts with a culpable mental state with respect to each material element of the offense that necessarily requires a culpable mental state. Provided, however, that a culpable mental state is not required if the definition of an offense clearly indicates an intent to dispense with any culpable mental state requirement or for any material element thereof.

(c) Drug use, dependence on drugs or voluntary intoxication shall not constitute a defense to a criminal charge, but in any prosecution for an offense, evidence that the defendant used drugs, or was dependent on drugs, or was intoxicated may be offered by the defendant whenever it is relevant to negate an element of the crime charged.

(d) Fear of imminent and immediate physical harm may constitute a defense or may be offered by the defendant whenever it is relevant to negate an element of the crime charged. [Ord. 62B § 4104, amended, 11/7/2019.]