A defendant is charged with theft after taking what they honestly believed was their own property from another person's home. Which of the following best describes why the defendant may lack the requisite state of mind for the crime?
The defendant lacked the intent to wrongfully deprive another person of their property due to an honest mistake of fact.
The defendant is excused because they did not understand the legal definition of theft.
The defendant is not liable for theft because the property was not taken for profit.
The defendant's actions are excused because they lacked knowledge of the victim's ownership rights.
Crimes like theft require a specific intent to deprive another person of their property. If the defendant honestly believed that the property belonged to them, even if their belief was incorrect, they did not possess the intent to steal. This mistake of fact, as long as it is honest, can negate the necessary intent to commit theft. Conversely, a mistake of law, such as misunderstanding that theft is illegal, would not excuse the defendant because individuals are generally required to know the law.
Ask Bash
Bash is our AI bot, trained to help you pass your exam. AI Generated Content may display inaccurate information, always double-check anything important.
What is the difference between mistake of fact and mistake of law in criminal cases?
Open an interactive chat with Bash
Does an honest mistake of fact always absolve someone from criminal liability?
Open an interactive chat with Bash
Why doesn’t misunderstanding the law (mistake of law) excuse a defendant in most cases?
Open an interactive chat with Bash
Multistate Bar Examination
Criminal Law and Procedure
Your Score:
Report Issue
Bash, the Crucial Exams Chat Bot
AI Bot
Loading...
Loading...
Loading...
Pass with Confidence.
Bar Prep Package
You have hit the limits of our free tier, become a Premium Member today for unlimited access.
Military, Healthcare worker, Gov. employee or Teacher? See if you qualify for a Community Discount.
3 Month Pass
$299.99
$99.99/mo
One time purchase of $299.99, Does not auto-renew.
BEST DEAL
Lifetime Pass
$399.99
One time purchase, Good for life.
What You Get
All Bar Prep Package plans include the following perks and exams .