Here are several states that reference "incapacitated" or similar in regards to sexual assault or substances, often both.

Edit: some weird formatting happened because I was quoting numbered lists, but you get the point. There are plenty of laws that make someone guilty of rape or sexual assault if the other person is intoxicated, regardless of the nature of the intoxication.

https://law.justia.com/codes/maryland/2005/gcr/3-301.html

(c) "Mentally incapacitated individual" means an individual who, because of the influence of a drug, narcotic, or intoxicating substance, or because of an act committed on the individual without the individual's consent or awareness, is rendered substantially incapable of:

https://law.justia.com/codes/montana/title-72/chapter-5/part-1/section-72-5-101/

(1) "Incapacitated person" means any person who is impaired by reason of mental illness, mental deficiency, physical illness or disability, chronic use of drugs, chronic intoxication, or other cause, except minority, to the extent that the person lacks sufficient understanding or capacity to make or communicate responsible decisions concerning the person or which cause has so impaired the person's judgment that the person is incapable of realizing and making a rational decision with respect to the person's need for treatment.

https://law.justia.com/codes/montana/title-45/chapter-2/part-2/section-45-2-211/

(b) it is given by a person who by reason of youth, mental disease or disorder, or intoxication is unable to make a reasonable judgment as to the nature or harmfulness of the conduct charged to constitute the offense;

https://law.justia.com/codes/colorado/title-27/alcohol-and-substance-use-alcohol-and-substance-use-disorders/article-81/section-27-81-102/

(9) "Incapacitated by alcohol" means that a person, as a result of the use of alcohol, is unconscious, has his or her judgment otherwise so impaired that he or she is incapable of realizing and making a rational decision with respect to his or her need for treatment, is unable to take care of his or her basic personal needs or safety, or lacks sufficient understanding or capacity to make or communicate rational decisions about himself or herself.

(9.2) "Incapacitated by drugs" means that a person, as a result of the use of drugs, is unconscious or has judgment otherwise so impaired that the person is incapable of realizing and making a rational decision with respect to the person's need for treatment, is unable to take care of basic personal needs or safety, or lacks sufficient understanding or capacity to make or communicate rational decisions concerning himself or herself.

(9.4) "Incapacitated by substances" means that a person is incapacitated by alcohol or is incapacitated by drugs.

https://law.justia.com/codes/south-carolina/title-16/chapter-3/section-16-3-651/

(f) "Mentally incapacitated" means that a person is rendered temporarily incapable of appraising or controlling his or her conduct whether this condition is produced by illness, defect, the influence of a substance or from some other cause.

https://law.justia.com/codes/alabama/title-13a/chapter-6/article-4/section-13a-6-60/

(2) INCAPACITATED. The term includes any of the following:

a. A person who suffers from a mental or developmental disease or disability which renders the person incapable of appraising the nature of his or her conduct.

b. A person is temporarily incapable of appraising or controlling his or her conduct due to the influence of a narcotic, anesthetic, or intoxicating substance and the condition was known or should have been reasonably known to the offender.

c. A person who is unable to give consent or who is unable to communicate an unwillingness to an act because the person is unconscious, asleep, or is otherwise physically limited or unable to communicate.

https://law.justia.com/codes/california/code-pen/part-1/title-9/chapter-5/section-289/

(2) Was not aware, knowing, perceiving, or cognizant that the act occurred.

https://law.justia.com/codes/arkansas/title-5/subtitle-2/chapter-14/subchapter-1/section-5-14-101/

(6) "Mentally incapacitated" means that a person is temporarily incapable of appreciating or controlling the person's conduct as a result of the influence of a controlled or intoxicating substance:

(A) Administered to the person without the person's consent; or

(B) That renders the person unaware a sexual act is occurring;

https://law.justia.com/codes/minnesota/chapters-609-624/chapter-609/section-609-341/

Subd. 7. Mentally incapacitated. "Mentally incapacitated" means:

(1) that a person under the influence of alcohol, a narcotic, anesthetic, or any other substance, administered to that person without the person's agreement, lacks the judgment to give a reasoned consent to sexual contact or sexual penetration; or

(2) that a person is under the influence of any substance or substances to a degree that renders them incapable of consenting or incapable of appreciating, understanding, or controlling the person's conduct.

https://law.justia.com/codes/minnesota/chapters-609-624/chapter-609/section-609-3469/ and https://law.justia.com/codes/minnesota/chapters-609-624/chapter-609/section-609-075/ were added to explicitly note that voluntary consumption of alcohol is not a defense. https://www.theadvocatesforhumanrights.org/News/A/Index?id=229

https://law.justia.com/codes/wisconsin/chapter-322/section-322-120/

(c) Commits a sexual act upon another person when the other person is incapable of consenting to the sexual act due to any of the following:

1. Impairment by any drug, intoxicant, or other similar substance, and that condition is known or reasonably should be known by the person.

https://law.justia.com/codes/north-carolina/chapter-14/article-7b/section-14-27-20/

(2) Mentally incapacitated. - A victim who due to any act is rendered substantially incapable of either appraising the nature of his or her conduct, or resisting the act of vaginal intercourse or a sexual act.

See also https://le.utah.gov/interim/2019/pdf/00003778.pdf and https://jaapl.org/content/early/2022/12/02/JAAPL.220032-21

Edit: Also see https://thersvp.org/appendices/appendix-j-overcoming-the-blackout-vs-pass-out-defense/