Tex. Penal Code Section 8.02
Mistake of Fact

Mentioned in

Mistakes with the Mistake Defense in Texas Criminal Law

St. Mary's Law Journal, January 23, 2023

“When the Texas legislature enacted a comprehensive penal code in 1974, it provided specifically for the defenses of mistake of fact and mistake of law. Unfortunately, the adoption of those provisions reflects a missed opportunity…”
 
Bibliographic info

(a)

It is a defense to prosecution that the actor through mistake formed a reasonable belief about a matter of fact if his mistaken belief negated the kind of culpability required for commission of the offense.

(b)

Although an actor’s mistake of fact may constitute a defense to the offense charged, he may nevertheless be convicted of any lesser included offense of which he would be guilty if the fact were as he believed.
Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.

Source: Section 8.02 — Mistake of Fact, https://statutes.­capitol.­texas.­gov/Docs/PE/htm/PE.­8.­htm#8.­02 (accessed May 4, 2024).

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Accessed:
May 4, 2024

§ 8.02’s source at texas​.gov