Mistake of Fact and Law

JurisdictionMaryland

XI. Mistake of fact and law

A. Ignorance or mistake of fact

Ignorance or mistake of fact can negate criminal liability if the ignorance or mistake negates the requisite mental state. MPC § 2.04(1). The test for ignorance or mistake of fact depends on the mental state that the mistake of fact attempts to negate. Mistake of fact cannot negate a strict liability offense because there is no mental state to negate.

1. Negating a mental state of specific intent or actual knowledge

If the mental state for a particular offense is specific intent or actual knowledge, the mental state may be negated by an honest mistake of fact, even if that mistake of fact is unreasonable. Of course, the more unreasonable the mistake, the easier it will be for the prosecution to persuade the finder of fact that the Defendant did not have an honest mistake.

2. Negating a mental state of objective knowledge, gross negligence or recklessness, negligence, or a non-specific general intent

If the mental state for a particular offense is objective knowledge, gross negligence or recklessness, negligence, or a non-specific general intent, the mental state may be negated by a mistake of fact, but only if the mistake of fact is both honest and reasonable. Maryland has not addressed whether mistake of fact applies to offenses other than specific intent or actual knowledge. MPJI-Cr. 5:06; General v. State, 367 Md. 475 (2002).

3. Mistake of fact cannot negate strict liability offenses

Mistake of fact negates mental state. Because strict liability offenses have no mental state to negate, mistake of fact is irrelevant, even if it is both honest and reasonable. Garnett, 332 Md. at 584-86.

4. Condition precedent

Even when the mistake of fact doctrine is otherwise applicable, it serves to negate criminal liability only if, had the facts been as the...

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