Tennessee § 39-11-502 - Ignorance or mistake of fact.

§ 39-11-502. Ignorance or mistake of fact.

Except in prosecutions for violations of §§ 39-13-504(a)(4) and 39-13-522, ignorance or mistake of fact is a defense to prosecution if the ignorance or mistake negates the culpable mental state of the charged offense. Although a person's ignorance or mistake of fact may constitute a defense to the offense charged, the person may be convicted of the offense for which the person would be guilty if the fact were as the person believed. It shall not be a defense to prosecution for a violation of § 39-13-514 or § 39-13-529(a), (b)(1) or (b)(2) that the person charged was ignorant or mistaken as to the age of a minor. Acts 1989, ch. 591, § 1; 1995, ch. 495, § 1; 2013, ch. 337, § 1. Sentencing Commission Comments. This section recognizes a defense where the mental element of the offense is negated by the defendant's ignorance or mistake of fact. It is a narrow defense and does not include a mistake regarding the existence or meaning of a criminal law. See McGuire v. State, 26 Tenn. 54 (1846). Compiler's Notes. The sentencing commission terminated June 30, 1995. Sentencing Commission Comments have been retained, but do not reflect 1995 or subsequent legislation. Law Reviews. “Let’s Talk About Sexting, Baby”: A Mens Rea-Centered Approach to the Sexting Issue in Tennessee, 42 U. Mem. L. Rev. 1139 (2012). “No Provincial or Transient Notion”: The Need for a Mistake of Age Defense in Child Rape Prosecutions, 57 Vand. L. Rev. 693 (2004). The Language of Mens Rea, 67 Vand. L. Rev. 1327 (2014).