Mistake of fact decision tree
COMMON LAW:
General Rule:
Is there a mens rea attached to element D is making mistake about?
Yesacquit if mistake negated the mens rea.
NoWas mistake reasonable under the negligence standard?
Yesacquit
Noconvict
Rule for vulnerable victims:
Analyze both moral wrong and legal wrong doctrine
Moral Wrong
Need a naked element AND
Mistake had to be sincere and reasonable AND
As D saw the facts would he still be committing a moral wrong?
Yesconvict
Noacquit
Legal Wrong
Need a naked element AND
Mistake had to be sincere and reasonable AND
As D saw the facts would there still be a criminal offense?
Yes If violating some other statute convict of crime charged with.
No acquit
MPC
Did mistake negate required mens rea?
No convict
Yes Would D be guilty of a different crime?
Yes Convict of other crime
No acquit