What is the diminished actuality defense in the general intent crime of assault on a child causing death?
California, United States of America
The following excerpt is from People v. Carrera, G051697 (Cal. App. 2017):
With respect to count 2, we recognize no published case has applied the diminished actuality defense to the general intent crime of assault on a child causing death. But general intent crimes "'may also involve a specific mental state, such as knowledge.' [Citation.]" (People v. Reyes (1997) 52 Cal.App.4th 975, 983 (Reyes).)
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