Louisiana Jury Instructions–Civil and Criminal
CHAPTER 2 Criminal Jury Instructions
XXIII. Defenses to a Criminal ChargeC. Other Defenses

§ 23.18 Mistake of Fact

A mistake of fact can be raised as a defense to a criminal prosecution if it effectively removes the possible finding that the Defendant had a mental element required for the crime of which he has been charged. Often this is the element of intent to commit the crime. This can be confusing to a jury, but an instruction in this regard following the language of La. R. S. § 14:16, which set out this rule, can be:

Reasonable ignorance of fact or mistake of fact which precludes the presence of any mental element required in that crime is a defense to any prosecution for that crime.

 

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