State of Mind: Defenses Flashcards
1
Q
Generally, is it a defense to a crime that the defendant mistakenly believed that his conduct was not prohibited by a criminal law?
A
No
2
Q
What type of mistake can negate the state of mind required for the crime?
A
A mistake as to some aspect of law pertaining to the elements of the crime rather than the existence of the statute making the act criminal. (e.g., defendant didn’t have “knowledge” when statute requires “willful intent, etc.”)
