Kentucky Jury Instruction - Computer Fraud Obtaining Financial Information
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Judge's Instructions on the Law Either before or after the closing arguments by the lawyers, the judge will explain the law that applies to the case to you. This is the judge's instruction to the jury.
Section 8.02 - Mistake of Fact (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.
Mistake of fact, on the other hand, refers to a legal defense where someone who was accused of a crime shows that: They did not have the intent to commit an offense, and. This is factual because they misunderstood a particular fact.
Mistake of fact is an affirmative defense. Rather than denying that you committed a crime, you argue that your actions are excusable because you were mistaken about an important fact relevant to the offense. This mistake makes it impossible for you to have had the required intent to commit a crime.
Mistake of Law. (a) It is no defense to prosecution that the actor was ignorant of the provisions of any law after the law has taken effect.
The court shall provide each juror with a written set of the instructions for his or her use in deliberations. The court shall file a copy of such instructions.
Mistakes of fact arise when a criminal defendant misunderstood some fact that negates an element of the crime. For instance, if an individual is charged with larceny but believed that the property he took was rightfully his, this misunderstanding negates any intent to deprive another of the property.