Is a mistake of law a recognized defense in a criminal case?

California, United States of America


The following excerpt is from People v. Daman, C069199 (Cal. App. 2013):

When a crime requires a specific intent, a defendant's mistaken belief of law that negates that specific intent is a recognized defense. (People v. Zamani (2010) 183 Cal.App.4th 854, 887 ["[A] mistake of law can be a valid defense when the crime requires specific intent if the mistake of law negates the intent or other mental state that is an element of the crime"]; Pen. Code, 26, class three [persons incapable of committing a criminal offense includes "[p]ersons who committed the act or made the omission

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charged under an ignorance or mistake of fact, which disproves any criminal intent"]; see also CALCRIM No. 3406.)

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