What are the instructions given to the jury in a sexual assault case?
California, United States of America
The following excerpt is from People v. Threestar, 167 Cal.App.3d 747, 213 Cal.Rptr. 510 (Cal. App. 1985):
The trial court instructed the jury that: "An act committed or an omission made under an ignorance or mistake of fact which disproves any criminal intent is not a crime. [p] Thus a person is not guilty of a crime if he commits an act or omits to act under an honest and reasonable belief in the existence of certain facts and circumstances which, if true, would make such act or omission lawful." (CALJIC No. 4.35) The court also gave the following instructions, which comprised the court's modification of one of appellant's requested special instructions based on People v. Navarro (1979) 99 Cal.App.3d Supp. 1, 160 Cal.Rptr.
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