TCA 39-11-502
Ignorance or mistake of fact
VIOLATIONViolation
What does this charge mean?
A defendant can use a mistaken belief about facts as a defense if that mistake means they did not have the guilty mental state required for the crime. However, if the defendant is mistaken but would be guilty of a different crime based on the facts as they believed them, they can be convicted of that lesser crime. For sex crimes with minors, a defendant cannot claim they mistakenly thought the victim was older.
Penalty Details
ClassificationViolation
Penalty SummaryViolation
(a) 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. (b) 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. (c) It is not a defense to prosecution for a violation of § 39-13-309, § 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.
View on official sourceLast verified: Feb 25, 2026
Quick Facts
VIOLATION
TCA Section39-11-502