Texas statute
Tex. Penal Code § 8.02 — Mistake of fact
Current through 89th Legislature, 2nd Called Session (2025)
Part of Chapter 8: GENERAL DEFENSES TO CRIMINAL RESPONSIBILITY, Texas Penal Code.
Full text of Tex. Penal Code § 8.02
Statutory text current through the 89th Legislature, 2nd Called Session (2025). This publication reproduces the official statutory text; it is not the official statutes of the State of Texas.
(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.
Official sources
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