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Mistake of Fact

5 October, 2015 - 14:51

Mistake of fact is more likely to provide a defense than mistake of law. If the facts asthe defendant believes them to be negate the requisite intent for the crime at issue, the defendant can assert mistake of fact as a defense. 1 Mistake of fact is generally not a defense to strict liability crimes because intent is not an element of a strict liability offense. 2