Pathological intoxication refers to an extremely exaggerated response to an intoxicant. This may be treated as involuntary intoxication if it is unforeseeable. Pathological intoxication as a primary defense requires proof by clear and convincing evidence:
1.that defendant's intoxication indeed was pathological in nature and;
2.that the level of intoxication rose to the M'Naghten standard customarily applied to the insanity defense.
Pathological intoxication is relatively rare phenomenon where a small amount of alcohol or drug may, because of an abnormal bodily condition of which the defendant is unaware, trigger an explosive reaction and a loss of self-control.[State v. Sette, 259 N.J. Super. 156 (App.Div. 1992)].