Which defense arises when a defendant's conduct is based on an incorrect belief about a fact?

• A. Mistake of Fact
• B. Duress
• C. Insanity
• D. Entrapment

Answer: (A)

Mistake of fact focuses on the mind state tied to what actually happened. If a defendant truly believes a fact to be true, that belief can mean they lacked the required mental state for the crime. When the offense depends on knowing or intending something about a fact, an honest mistaken belief can negate that element, so the person may not be guilty. For example, taking property thinking it’s theirs means there may be no intent to steal because the key fact—the ownership of the property—was mistaken. The other defenses involve coercion (duress), mental illness (insanity), or being induced by law enforcement (entrapment), which don’t hinge on a mistaken belief about a fact.