Mistake of Fact

Question 1

Defendant not guilty of crime if mistake of fact negates mens rea of offense charged.

Answer 1

Mistake of Fact (Common Law)

Question 2

defendant not guilty of specific intent crime if mistake of fact negates specific intent element of offense. Even unreasonable mistake of fact (mistake reasonable person would not make) may exculpate actor, assuming mistake negates mens rea required for offense.

Answer 2

Mistake of Fact (Common Law)

Question 3

defendant not guilty of general intent offense if mistake of fact was reasonable. Unreasonable mistake of fact does not exculpate.

Answer 3

Mistake of Fact (Common Law)

Question 4

Mistake of fact, whether reasonable or unreasonable, not a defense to strict liability offense. Strict liability offenses require no mens rea. There is no mens rea to negate. Mistake of fact legally irrelevant.

Answer 4

Mistake of Fact (Common Law)

Question 5

Step 1: Is this offense general intent, specific intent, or strict liability?
Step 2A: Specific intent offense: Does the mistake relate to the specific intent portion of the offense?
If yes, does the mistake negate the specific intent element of the offense? If yes, defendant must be acquitted.
If no, treat the offense as if it were a general intent crime as discussed in Step 2B.
Step 2B: General intent offense: Did the defendant act in a morally blameworthy state of mind? To answer, determine whether defendant’s mistake was reasonable or unreasonable. If it was unreasonable, then he acted with a culpable state of mind and may be convicted. If his mistake was reasonable, then he is morally innocent and entitled to a defense because he lacks mens rea.
Step 2C: Strict liability offense: a mistake is never a defense. There is no element of mens rea to negate.

Answer 5

Mistake of Fact (Common Law)

Question 6

subject to one exception, mistake of fact is defense to crime if mistake negates purpose, knowledge, belief, recklessness or negligence required to establish material element of offense

Answer 6

MPC Mistake of Fact

Question 7

Mistake of fact applies to all offenses in the same manner.

Answer 7

MPC Mistake of Fact

Question 8

Exception – mistake of fact defense inapplicable if defendant would be guilty of a lesser offense had the facts been as she believed them to be. Defendant will be punished at the level of the lesser, rather than the greater offense.

Answer 8

MPC Mistake of Fact