CA 3406. Mistake of Fact

California Criminal Jury Instructions (CALCRIM 2023)

3406. Mistake of Fact

The defendant is not guilty of __________ <insert crime[s]> if (he/she) did not have the intent or mental state required to commit the crime because (he/she) [reasonably] did not know a fact or [reasonably and] mistakenly believed a fact.

If the defendant’s conduct would have been lawful under the facts as (he/she) [reasonably] believed them to be, (he/she) did not commit __________ <insert crime[s]>.

If you find that the defendant believed that __________ <insert alleged mistaken facts> [and if you find that belief was reasonable], (he/she) did not have the specific intent or mental state required for __________ <insert crime[s]>.

If you have a reasonable doubt about whether the defendant had the specific intent or mental state required for __________ <insert crime[s]>, you must find (him/her) not guilty of (that crime/those crimes).

New January 2006; Revised April 2008, December 2008, August 2014, September 2018, September 2022

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