Tennessee Pattern Jury Instructions – Criminal
CHAPTER 40 DEFENSES

§ 40.01 DEFENSE: IGNORANCE OR MISTAKE OF FACT

Included in the defendant’s plea of not guilty is [his] [her] plea that [his] [her] acts constituting the offense charged were the result of ignorance or mistake of fact.

Ignorance or mistake of fact is a defense to prosecution if such ignorance or mistake negates the culpable mental state of the [charged] [included] offense.

In this case, the state must prove beyond a reasonable doubt the required culpable mental state of the defendant which is [insert definition of specific mental state required for charged and included offenses].

Although a defendant’s ignorance or mistake of fact may constitute a defense to the offense [charged] [included], the defendant may be convicted of the offense for which the defendant would be guilty if the fact were as the defendant believed.

Ignorance or mistake of a fact of law is never a defense to prosecution.

If evidence is introduced supporting the defense of ignorance or mistake of fact, the burden is on the state to prove beyond a reasonable doubt that the defendant did not act through ignorance or mistake of fact.

If from all the facts and circumstances you find the defendant acted through ignorance or mistake of fact, or if you have a reasonable doubt as to whether the defendant acted through ignorance or mistake of fact, you must find [him] [her] not guilty.

 

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