Tex. Codes » Penal Code · TITLE 2. GENERAL PRINCIPLES OF CRIMINAL RESPONSIBILITY · CHAPTER 8. GENERAL DEFENSES TO CRIMINAL RESPONSIBILITY
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Tex. Penal Code § 8.02 (2026)

Mistake Of Fact

✓ current as of May 2026
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Sec. 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.

(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.

Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.

Notes of Decisions
Cited in 254 cases (24 in the last 5 years), 1981–2026 · leading case: Celis, Mauricio Rodriguez.
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Celis, Mauricio Rodriguez (Tex. Crim. App. 2013). · cites it 9× “Compare Tex. Penal Code § 8.02 (the current statute) ("if his mistaken belief negated the kind of culpability required for the commission of the offense”) to State Bar Committee on Revision of the Penal Code, TEXAS PENAL CODE: A Proposed Revision, Final Draft, § 8.”
Okonkwo, Chidiebele Gabriel (Tex. Crim. App. 2013). · cites it 5× “The mistake-of-fact defense is codified at Texas Penal Code Section 8.02, which provides, "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…”
Hefner v. State (Tex. App. 1987). · cites it 12× “*620 TEX.PENAL CODE ANN. § 8.02 (Vernon 1974).”
Rodriguez v. State (Tex. Crim. App. 2018). · cites it 6× “State , 3 Rodriguez then requested a mistake-of-fact instruction under Texas Penal Code Section 8.02. Rodriguez's theory was that, if the jury believed his intent was only to cause non-serious bodily injury (sometimes called "simple" bodily injury), 4 he should be acquitted of…”
Thompson v. State (Tex. Crim. App. 2007). · cites it 4× “" Although the parties have not raised an issue with respect to the mistake of fact defense found in Texas Penal Code § 8.02, consideration of that section is necessary to our interpretation of § 6.”
Sands v. State (Tex. App. 2001). · cites it 4× “Tex. Pen.Code Ann. § 8.02 (Vernon 1994). These opinions suggest that if the issue raised in the requested instruction for a mistake of fact involves the same element that the State is required to prove beyond a reasonable doubt as an element of the crime, then an additional…”
Durden v. State (Tex. App. 2009). · cites it 6× “*416 TEX. PENAL CODE ANN. § 8.02 (Vernon 2003).”
Ingram v. State (Tex. App. 2008). · cites it 3× “Tex. Penal Code Ann. § 8.02 (a) (Vernon 2003).”
Tolbert v. State (Tex. Crim. App. 2010). · cites it 2× “' To obtain review on appeal, complaints involving `law applicable to the case' need not be preserved at trial but `defensive issues' must be preserved.”
James Alan Jenkins v. State (Tex. App. 2015). · cites it 6× “”); see also Tex. Penal Code § 8.02(a) (defense of mistake of fact).”
Granger v. State (Tex. Crim. App. 1999). · cites it 2× “The general defense of mistake of fact, as codified in Tex. Penal Code Ann. § 8.02 (a) (Vernon 1994), provides: "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…”
Johnson v. State (Tex. Crim. App. 1998). · cites it 4× “[4] The fact that neither of these changes relates to the issue of culpable mental state and the defense of mistake of fact (TEX. PEN.CODE § 8.02), coupled with the context in which these issues have been hotly debated around the country by both legislatures and courts,…”
Show all 254 citing cases →
— Tex. Penal Code § 8.02(a) — 111 cases
Celis, Mauricio Rodriguez (Tex. Crim. App. 2013). “Compare Tex. Penal Code § 8.02 (the current statute) ("if his mistaken belief negated the kind of culpability required for the commission of the offense”) to State Bar Committee on Revision of the Penal Code, TEXAS PENAL CODE: A Proposed Revision, Final Draft, § 8.”
Okonkwo, Chidiebele Gabriel (Tex. Crim. App. 2013). “The mistake-of-fact defense is codified at Texas Penal Code Section 8.02, which provides, "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…”
Rodriguez v. State (Tex. Crim. App. 2018). “State , 3 Rodriguez then requested a mistake-of-fact instruction under Texas Penal Code Section 8.02. Rodriguez's theory was that, if the jury believed his intent was only to cause non-serious bodily injury (sometimes called "simple" bodily injury), 4 he should be acquitted of…”
James Alan Jenkins v. State (Tex. App. 2015). “”); see also Tex. Penal Code § 8.02(a) (defense of mistake of fact).”
Hefner v. State (Tex. App. 1987). “*620 TEX.PENAL CODE ANN. § 8.02 (Vernon 1974).”
— Tex. Penal Code § 8.02(b) — 1 case
Rodriguez v. State (Tex. Crim. App. 2018). “State , 3 Rodriguez then requested a mistake-of-fact instruction under Texas Penal Code Section 8.02. Rodriguez's theory was that, if the jury believed his intent was only to cause non-serious bodily injury (sometimes called "simple" bodily injury), 4 he should be acquitted of…”
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