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Home » Sec. 8.02. MISTAKE OF FACT

Sec. 8.02. MISTAKE OF

FACT

(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 o"ense.

(b) Although an actor’s mistake of fact may constitute a defense

to the o"ense charged, he may nevertheless be convicted of any
lesser included o"ense of which he would be guilty if the fact
were as he believed.

Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, e". Jan. 1, 1974.
:
 Amended by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, e". Sept. 1,
1994.

Sec. 8.01 | Sec. 8.03 | Sec. 8.04 | Sec. 8.05 | Sec. 8.06 | Sec. 8.07 | Sec.
8.08
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