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Tex. Penal Code § 8.02

This is the official text of Tex. Penal Code § 8.02, part of Texas’s Penal Code — defines crimes and punishments in Texas.

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§ 8.02. MISTAKE OF FACT.

Official statutory text

(a) It is a defense to prosecution that the actor through mistake formed a reasonable belief about a matter of fact if his mistaken belief negated the kind of culpability required for commission of the offense.

(b) Although an actor's mistake of fact may constitute a defense to the offense charged, he may nevertheless be convicted of any lesser included offense of which he would be guilty if the fact were as he believed.

Status: in_force · Read it on the official government site

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