The defense of mistake of fact may be used only if the mistake negates:
A)the actus reus of the offense.
B)the attendant circumstances of the offense.
C)the culpable mental state of the offense.
D)any of the above elements of the offense.

Question

Quizplus · Accepted Answer

The defense of mistake of fact may only be used if the mistake negates the culpable mental state of the offense. This means that the defendant must have had an honest and reasonable belief that their actions were legal and lacked criminal intent. Mistakes pertaining to the actus reus (physical act) or attendant circumstances (facts surrounding the crime) are not typically valid defenses.

The Defense of Mistake of Fact May Be Used Only