Available under Creative Commons-NonCommercial-ShareAlike 4.0 International License.
Mickie sees Rachel, his neighbor, riding his bicycle in her driveway. Mickie walks quickly up to Rachel and demands that she get off the bike and return it to his garage. Frightened, Rachel hops off and runs to her house, leaving the bike behind. Mickie walks the bike over to his garage. Once Mickie reaches the garage, he sees that his bike, which is an exact replica of Rachel’s, is already inside. Mickie may be able to usemistake of fact as a defense to theft. As is discussed in Crimes against Property, the intent for theft is the intent to take the property of another person. Mickie believed Rachel’s bike was his. Thus Mickie’s mistake of fact negates the intent required for this offense.
- 1489 reads
