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(a) It is a defense to prosecution that the actor engaged in the conduct charged because he was induced to do so by a law enforcement agent using persuasion or other means likely to cause persons to commit the offense.
REQUIREMENT OF CULPABILITY. (a) Except as provided in Subsection (b), a person does not commit an offense unless he intentionally, knowingly, recklessly, or with criminal negligence engages in conduct as the definition of the offense requires.
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This article provides a substantive review of four categories of such excuses under Texas law: (1) force majeure; (2) impossibility, impracticability and frustration of purpose; (3) failure of conditions precedent or subsequent; and (4) material breach. I. Force Majeure.
Mistakes with the Mistake Defense in Texas Criminal Law. “When the Texas legislature enacted a comprehensive penal code in 1974, it provided specifically for the defenses of mistake of fact and mistake of law. Unfortunately, the adoption of those provisions reflects a missed opportunity…”.
Wheeler v. Texas (original by judge slaughter) Annotate this Case. Justia Opinion Summary. In applying for a blood-alcohol search warrant, a police officer submitted an unsworn probable-cause affidavit. Finding that the affidavit articulated probable cause but not realizing that it was unsworn, a magistrate signed and returned the search warrant.
When the Texas legislature enacted a comprehensive penal code in 1974, it provided specifically for the defenses of mistake of fact and mistake of law. Unfortunately, the adoption of those provisions reflects a missed opportunity to clarify the law concerning mistake as a defense to criminal liability in Texas criminal law.
A Practice Note discussing how courts in Texas have defined negligence, gross negligence, and willful misconduct, which can affect how the parties to a contract allocate risk.