California, United States of America
The following excerpt is from People v. Brafford, B264894 (Cal. App. 2016):
impossibility, or the defense of mistake of fact, negates criminal intent only when "the defendant holds a mistaken belief in a fact or set of circumstances which, if existent or true, would render the defendant's otherwise criminal conduct lawful." (See People v. Lawson (2013) 215 Cal.App.4th 108, 111.) Nothing in the record in this case suggests that defendant had a mistaken belief in his right to possess the BMW F800 motorcycle. Nor is his subsequent theft of the key to a demonstration motorcycle relevant to the intent with which he entered the dealership.
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