TX CPJC 22-7 Instruction—Mistake of Fact

TX CPJC 22-7 Instruction—Mistake of Fact

State: Texas

Criminal Pattern Jury Charges (Criminal Defenses) (2015)
Chapter 22. Mistake of Fact
CPJC22-7 Instruction—Mistake of Fact

[Insert instructions for underlying offense.]

If you all agree the state has proved, beyond a reasonable doubt, each of the [number] elements listed above, you must next consider whether the state has proved that the defendant did not make a mistake of fact constituting a defense.

Mistake of Fact

You have heard evidence that, when the defendant [insert specific conduct constituting offense, e.g., took [name]’s car], he believed [insert mistake claimed by defendant, e.g., he had effective consent from someone he reasonably believed to be the owner of the vehicle].

Relevant Statutes

A person’s conduct that would otherwise constitute the crime of [offense] is not a criminal offense if the person through mistake formed a reasonable belief about a matter of fact and the mistaken belief negated the kind of culpability required for commission of the offense.

Burden of Proof

The defendant is not required to prove that he made a mistake of fact. Rather, the state must prove, beyond a reasonable doubt, that the defendant did not make a mistake of fact constituting a defense.

Definition

Reasonable Belief

“Reasonable belief” means a belief that an ordinary and prudent person would have held in the same circumstances as the defendant.

Application of Law to Facts

If you have found that the state has proved the offense beyond a reasonable doubt, you must next decide whether the state has proved the defendant did not make a mistake of fact constituting a defense.

To decide the issue of mistake of fact, you must determine whether the state has proved, beyond a reasonable doubt, that either—

1. the defendant did not believe [insert mistake claimed by defendant, e.g., he had effective consent from someone he reasonably believed to be the owner of the vehicle]; or

2. the defendant’s belief that [insert mistake claimed by defendant, e.g., he had effective consent from someone he reasonably believed to be the owner of the vehicle] was not reasonable.

You must all agree that the state has proved, beyond a reasonable doubt, either element 1 or 2 listed above. You need not agree on which of these elements the state has proved.

If you find that the state has failed to prove, beyond a reasonable doubt, either element 1 or 2 listed above, you must find the defendant “not guilty.”

If you all agree the state has proved, beyond a reasonable doubt, each of the elements of the offense of [insert specific offense], and you all agree the state has proved, beyond a reasonable doubt, either element 1 or 2 listed above, you must find the defendant “guilty.”

By | 2017-12-10T12:37:37+00:00 December 10th, 2017|Comments Off on TX CPJC 22-7 Instruction—Mistake of Fact