CA · jury_instructions
CALCRIM No. 3411
Mistake of Law As a Defense
[I have already explained that it is not a defense to the crime[s] of
<insert crime[s]> that the defendant did not know (he/she)
was breaking the law or that (he/she) believed (his/her) act was lawful.
But when you consider the crime[s] of <insert crime[s]>, a
different rule applies.]
<insert crime[s]> require[s] that a defendant act with a
specific (intent/ [and/or] mental state). The act and the (intent/ [and/or]
mental state) required are explained in the instruction for (that/those)
crime[s].
The defendant is not guilty of <insert crime[s]> if (he/she)
made an honest or good faith mistake about the law, if that mistake
shows that (he/she) did not have the (intent/ [and/or] mental state)
required for the crime[s] of <insert crime[s]>.
If you have a reasonable doubt about whether the defendant had the
(intent/ [and/or] mental state) required for <insert
crime[s]>, you must find (him/her) not guilty of (that/those) crime[s].
New August 2013; Revised October 2021, February 2026
Provenance
- Source
- courts.ca.gov
- Retrieved
- 2026-08-20
- Edition
- calcrim-2026
- Content hash
dfc76c7de1bf1ca063c77e26b20aaef31294231d2088d9281b03a7d410540ba8
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