Texas Penal Code - Section 8.02. Mistake Of Fact

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§ 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 offense.
	(b)  Although an actor's mistake of fact may constitute a 
defense to the offense charged, he may nevertheless be convicted of 
any lesser included offense of which he would be guilty if the fact 
were as he believed.

Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974.  
Amended by Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1, 
1994.

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Last modified: August 10, 2007