Is a mistake of fact a crime for failing to instruct a defendant on a defense that disproves any criminal intent?
California, United States of America
The following excerpt is from People v. Smith, C053202 (Cal. App. 7/25/2007), C053202 (Cal. App. 2007):
An act committed under a mistake of fact which disproves any criminal intent is not a crime. (See Pen. Code, 26, class Three.) However, the failure to instruct on a defense sua sponte or even at the defendant's request is not error if there was no substantial evidence supporting the defense. (See People v. Rivera (1984) 157 Cal.App.3d 736, 743.)
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