Tag Archives: CC 3406


CSC to Consider What Standard of Prejudice Applies to Instructional Error on Defense Theory
July 26th, 2021

In People v. Hendrix REV. GTD. 1/20/21 S265668 (B298952; 55 Cal.App.5th 1092) the defendant told police that he entered the victim’s backyard and tried to force entries believing this to be his cousin Trevor’s house. The reviewing court acknowledged that appellant if subjectively believed that he was at Trevor’s house, the jury could, in theory, […]


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When is a Mistake of Fact as to Victim’s Age a Defense?
July 15th, 2021

PC 261; PC 261.5(a) & (b); 289(h)&(i) In People v. Hernandez (1964) 61 Cal.2d 529, 529-530 the CSC analyzed the legislative intent behind PC 261, which defined sex with a female under the age of 18 years as rape (commonly known as statutory rape). The issue in the case was whether “the trial court erred […]


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A Defendant May Be Convicted of Human Trafficking of a Minor Under the Attempt Prong of the Statute (Pen. Code, § 236.1, Subd. (C)), Rather Than the General Law of Attempt (Pen. Code, §§ 21a, 664), Even if the Target of His Recruitment Efforts Is an Undercover Detective
July 8th, 2021

People v. Moses (2020) 10 Cal.5th 893 held that to violate PC 236.1(c) based on an attempt, the defendant must intend to induce a minor to engage in a commercial sex act (at least when no actual minor victim is involved). But the target of that inducement need not be an actual minor. (The Court disapproved People […]


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Mistake of Fact – Role of Reasonableness
March 13th, 2015

  Mistake of Fact – Jury May Consider Reasonableness of Belief on the Issue of Good Faith   It is well established that a good faith mistake of fact can negate specific mental state elements of a charge such as knowledge. (See People v. Watt (2014) 229 Cal. App. 4th 1215, 1217-1220; People v. Lawson […]


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CC 3406 Mistake Of Fact As Defense Theory: Not Required Sua Sponte
January 10th, 2014

  The trial judge does not have a sua sponte duty to instruct on mistake of fact. (People v. Lawson (2013) 215 Cal. App. 4th 108.)


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