VOLUNTARY ACT (TPC)
TPC § 6.01: Req. of Voluntary Act or Omission:
(a): Voluntary engages in conduct, act, omission or possession
(b): Possession is a voluntary act if the possessor knowingly obtains or receives the thing
possessed or is aware of his control of the thing for sufficient ti...
(b) Affirmative defense to pros. that actor reasonably believed the conduct charged did not
constitute a crime and that he acted in reasonable reliance upon:
(1) Official statement of the law; or
(2) Written interpretation of the law
(c) Possible for actor to be convicted of a lesser crime.
MISTAKE OF FACT (TPC)
§ 8.02:
Mistake must be reasonable to be used a defense and negate mens rea
Exception: Legal-Wrong Doctrine
Legal-Wrong Doctrine: Actor's conduct causes social harm prohibited by statute then he is
guilty of that offense even if based on his reasonable understanding of the circumstances he'd
be guilty of a less serious crime.
Still be charged with lower offense
CAUSATION
(1) Compare D's casual conduct with intervening cause
(2) Ask whether independent intervening cause was foreseeable/proximate cause
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