General Defenses to Criminal Liability
Sec. 8.01. Insanity. (a) It is an affirmative defense to prosecution that, at the time of
the conduct charged, the actor, as a result of severe mental disease or defect, did not know that
his conduct was wrong.
(b) The term "mental disease or defect" does not include an abnormality manifested
only by repeated criminal or otherwise antisocial conduct.
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.
Sec. 8.03. Mistake Of Law. (a) It is no defense to prosecution that the actor was
ignorant of the provisions of any law after the law has taken effect.
(b) It is an affirmative defense to prosecution that the actor reasonably believed the
conduct charged did not constitute a crime and that he acted in reasonable reliance upon:
(1) an official statement of the law contained in a written order or grant of
permission by an administrative agency charged by law with responsibility for interpreting the
law in question; or
(2) a written interpretation of the law contained in an opinion of a court of
record or made by a public official charged by law with responsibility for interpreting the law in
question.
(c) Although an actor's mistake of law may constitute a defense to the offense charged,
he may nevertheless be convicted of a lesser included offense of which he would be guilty if the
law were as he believed.
Sec. 8.04. Intoxication. (a) Voluntary intoxication does not constitute a defense to the
commission of crime.
(b) Evidence of temporary insanity caused by intoxication may be introduced by the
actor in mitigation of the penalty attached to the offense for which he is being tried.
(c) When temporary insanity is relied upon as a defense and the evidence tends to show
that such insanity was caused by intoxication, the court shall charge the jury in accordance with
the provisions of this section.
