Crucial Exams

Multistate Bar Examination Practice Question

A man was charged with larceny after taking a bicycle that he believed was his own. The man had owned a similar-looking bicycle before but sold it months earlier to a neighbor. While walking past the neighbor’s yard, he saw the bicycle and took it, believing it was mistakenly left in the yard and that he had a right to take it back. Which of the following best explains whether the man can successfully claim a mistake of fact defense?

  • The man does not have a defense because mistakes of fact do not negate intent in larceny cases.

  • The man has a defense because his good-faith belief of ownership negates the intent required for larceny.

  • The man does not have a defense because mistake of fact defenses rely on external guidance, such as legal advice.

  • The man has a defense because a reasonable mistake of fact can negate criminal intent.

Multistate Bar Examination
Criminal Law and Procedure
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