CALCRIM No. 3411. Mistake of Law As a Defense
Judicial Council of California Criminal Jury Instructions (2022 edition)Download PDF
3411.Mistake of Law As a Defense
[I have already explained that it is not a defense to the crime[s] of
<insert crime[s]> that the defendant did not know (he/she)
was breaking the law or that (he/she) believed (his/her) act was lawful.
But when you consider the crime[s] of <insert crime[s]>, a
different rule applies.]
<insert crime[s]> require[s] that a defendant act with a
specific (intent/ [and/or] mental state). The act and the specific (intent/
[and/or] mental state) required are explained in the instruction for (that/
The defendant is not guilty of <insert crime[s]> if (he/she)
made an honest or good faith mistake about the law, if that mistake
shows that (he/she) did not have the specific (intent/ [and/or] mental
state) required for the crime[s] of <insert crime[s]>.
If you have a reasonable doubt about whether the defendant had the
specific (intent/ [and/or] mental state) required for <insert
crime[s]>, you must find (him/her) not guilty of (that/those) crime[s].
New August 2013; Revised October 2021
The court has a sua sponte duty to give this instruction if a defendant charged with
a specific intent crime is appropriately relying on this defense or there is substantial
evidence that a defendant’s good faith mistake of law provides a valid defense to a
specific intent crime and the defense is not inconsistent with the defendant’s theory
of the case. (People v. Urziceanu (2005) 132 Cal.App.4th 747, 774-780 [33
Many defendants seek to rely on the defense of mistake of law, but few are
successful, because it is limited to crimes in which a specific intent or mental state
is negated by the mistake. (People v. Koenig (2020) 58 Cal.App.5th 771, 809 [272
Cal.Rptr.3d 732] [instruction appropriate where defendant relied on advice of
counsel to establish mistake of law related to omission of material fact in sale of
security]; People v. Cole (2007) 156 Cal.App.4th 452, 483-484 [67 Cal.Rptr.3d 526]
[no error in instructing jury that mistake of law is no defense when defendant was
charged with a general intent crime]; People v. Vineberg (1981) 125 Cal.App.3d
127, 137 [177 Cal.Rptr. 819] [defendants’ belief that they had a legal right to use
clients’ gold reserves to buy future contracts could be a defense if held in good
faith]; People v. Stewart (1976) 16 Cal.3d 133, 140 [127 Cal.Rptr. 117, 544 P.2d
1317] [defendant’s good faith belief that he was legally authorized to use property
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could be defense to embezzlement]; People v. Flora (1991) 228 Cal.App.3d 662,
669-670 [279 Cal.Rptr. 17] [defendant’s belief, if held in good faith, that out-of-
state custody order was not enforceable in California could have been basis for
defense to violating a child custody order]).
Although concerned with knowledge of the law, a mistake about legal status or
rights is a mistake of fact, not a mistake of law. (See CALCRIM No. 3406, Mistake
of Fact.) If the defendant is charged with a general intent crime and raises a mistake
of law defense, give instead CALCRIM No. 3407, Defenses: Mistake of Law. If
both general and specific intent crimes are charged, use the bracketed first paragraph
of this instruction as necessary.
• Instructional Requirements. People v. Cole (2007) 156 Cal.App.4th 452,
483-484 [67 Cal.Rptr.3d 526]; People v. Bernhardt (1963) 222 Cal.App.2d 567,
585-587, 592 [35 Cal.Rptr. 401].
Good Faith Reliance on Statute or Regulation
Good faith reliance on a facially valid statute or administrative regulation (which
turns out to be void) may be considered an excusable mistake of law. Additionally, a
good faith mistake-of-law defense may be established by special statute. (See 1
Witkin & Epstein, California Criminal Law (4th ed. 2012) Defenses, § 46.)
1 Witkin & Epstein, California Criminal Law (4th ed. 2012) Defenses, §§ 44-45.
CALCRIM No. 3411 DEFENSES AND INSANITY
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